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High Court of DelhiCRL.M.C./2279/2019

Mr. Pawan Sharma v. The State Of NCT Of Delhi & ANR

2020-01-07Hon'Ble Mr. Justice Suresh Kumar Kait3 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2020 + MR. PAWAN SHARMA ..... Petitioner Through Mr. Dalvinder Singh, Mr. Rishabh and Mr. Rajat, Advs.

versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. Panna Lal Sharma, APP for State Mr. Varun Bhardwaj with Mr.

Shivam Chaudhary, Advs. for R-2

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) 1.

Vide the present petition, the petitioners seek quashing of FIR No. 59/2011 dated 01.03.2011 registered at Police Station Krishna Nagar and consequent proceedings arising therefrom.

2.

Notice issued.

3.

Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 4.

The petitioner no.1 and respondent no.2 got married on 03.05.2007 as per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately since 14.04.2019.

5.

The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide memorandum of understanding deed executed on 01.02.2019 and settled all their disputes amicably.

6.

The total settlement amount is ₹6,00,000/-(Rupees Six Lakhs only). It is submitted that the respondent No. 2 has already received an amount of ₹3,00,000/- (Rupees Three Lakhs only). A demand draft bearing No.38129 dated 06.01.2020 for the balance amount of ₹3,00,000/- (Rupees Three Lakhs only ) is handed over to the respondent No. 2 today in the Court. 7.

The complainant is present in person with her counsel and has been identified by SI Anupam of Police Station Krishna Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further.

8.

Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioner any further.

9.

For the reasons afore-recorded, the FIR No. 59/2011 dated 01.03.2011 registered at Police Station Krishna Nagar and consequent proceedings emanating therefrom are quashed.

10.

The petition is allowed and disposed of accordingly. 11.

Order dasti (SURESH KUMAR KAIT) JUDGE JANUARY 07, 2020 AB