Chander Prakesh & Ors vs State & Anr

Suresh Kumar Kait, J

Vide the present petition, petitioners seek direction for quashing of FIR No.169/2018 dated 19.04.2018 registered at Police Station Neb Sarai and consequent proceedings arising therefrom.

Notice issued.

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

Petitioner no.1 and respondent no.2 got married on 10.12.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Ansh @ Daksh. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 28.08.2018 and settled all their disputes amicably.

The total settlement amount is Rs.16,00,000/-(Rupees Sixteen Lakhs only). It is submitted that the respondent no. 2 has already received an amount of Rs.12,00,000/- (Rupees Twelve Lakhs only). A demand draft bearing No.071743 dated 07.01.2021 drawn on SBI Bank for the balance amount of Rs.4,00,000/- (Rupees Four Lakhs only) is handed over to the respondent no. 2 today in the Court.

Complainant/respondent no.2 is present in person and has been identified by SI Avdhesh Dixit of Police Station Neb Sarai and submits that matter has been settled and she does not wish to prosecute the matter any further.

Petitioner has supplied attested hard copy of the caste certificate to respondent no.2 in court for getting her son's caste certificate.

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

For the reasons afore-recorded, FIR No.169/2018 dated 19.04.2018 registered at Police Station Neb Sarai and consequent proceedings emanating therefrom are quashed.

The petition is, accordingly, allowed and disposed of.