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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 03.12.2019
+ CRL.M.C. 6176/2019
SH. SUNIL KUMAR KHARWAR & ORS. ..... Petitioners
Through Mr. Arun K. Srivastava with Mr. Anil
Jaryal, Advs.
versus
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State
SI Sandeep, PS Punjabi Bagh
SI Mohinder Singh, PS Viaks Puri
Mr. Rohit Sehgal, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
Crl. M.A. 41689/2019
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 6176/2019
3. Vide the present petition, the petitioners seek quashing of FIR No.28/2018 dated 13.01.2018 registered at Police Station Punjabi Bagh and consequent proceedings arising therefrom. CRL.M.C. 6176/2019 Page 1 of 3
4. Notice issued.
5. 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.
6. The petitioner no.1 and respondent no.2 got married on 04.05.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner and respondent no.2, they have been living separately since 18.01.2016.
7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide order dated 13.09.2019 and settled all their disputes amicably.
8. The total settlement amount is ₹25,00,000/-(Rupees Twenty Five Lacs only). It is submitted that the respondent No. 2 has already received an amount of ₹17 lacs (Rupees Seventeen Lacs only). A demand draft bearing No.501892 dated 27.11.2019 for the balance amount of ₹2,00,000/- (Rupees Two Lacs Only), a demand draft bearing no. 501727 dated 09.10.2019 for the balance amount of ₹4,00,000/- (Rupees Four Lacs Only) and demand draft bearing no. 20002 dated 21.09.2019 for the balance amount of CRL.M.C. 6176/2019 Page 2 of 3 ₹2,00,000/- (Rupees Two Lacs Only) is handed over to the respondent No. 2 today in the Court.
9. The complainant is present in person with her counsel and has been identified by SI Mohinder Singh of Police Station Vikas Puri and submits that matter has been settled and she does not wish to prosecute the matter any further.
10. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioners any further.
11. For the reasons afore-recorded, FIR No28/2018 dated 13.01.2018 registered at Police Station Punjabi Bagh and consequent proceedings emanating therefrom are quashed.
12. The petition is allowed accordingly.
13. Order dasti (SURESH KUMAR KAIT) JUDGE DECEMBER 03, 2019 ms CRL.M.C. 6176/2019 Page 3 of 3