$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28.02.2020
+ CRL.M.C. 1126/2020
AMIT KUMAR & ORS. .... Petitioners
Through Mr.Raj Kumar, Adv. with petitioners
in person
versus
STATE & ANR. .... Respondents
Through Mr. Izhar Ahmad, APP for State SI
Rajeev Kumar (IO) and ASI Bandna,
PS Harsh Vihar, Delhi
Ms.Rita Rana and Mr.Vishwas Ahuja,
Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
Crl. M.A. 4417/2020 (for exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.1126/2020
3. Vide the present petition, petitioners seek direction for quashing of FIR No.97/2017 dated 12.04.2017 registered at Police Station Harsh Vihar, Delhi and consequent proceedings arising therefrom. CRL.M.C.1126.2020 Page 1 of 3
4. Notice issued.
5. 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.
6. Petitioner no.1 and respondent no.2 got married on 21.02.2011 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent No. 2, they started living separately from 26.12.2014.
7. Petitioners and respondent No. 2, have entered into an amicable settlement before Delhi Mediation Centre, Karkardooma Court, Delhi vide a settlement deed dated 15.05.2018 and settled all their disputes amicably.
8. Respondent No. 2 is present in person and has been identified by SI Rajeev Kumar (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.
9. The total settlement amount is ₹10,00,000/-(Rupees Ten Lakhs only). It is submitted that respondent No. 2 has already received an amount of ₹8,00,000/- (Rupees Eight Lakhs only). A demand draft bearing No. 976297 dated 27.02.2020 for the balance amount of ₹2,00,000/- (Rupees Two Lakhs only) is handed over to respondent No. 2 today in Court. CRL.M.C.1126.2020 Page 2 of 3
10. 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.
11. For the reasons afore-recorded, FIR No. 0097/2017 dated 12.04.2017 registered at Police Station Harsh Vihar, Delhi and consequent proceedings emanating therefrom are quashed.
12. The petition is, accordingly, allowed and disposed of.
13. Order dasti (SURESH KUMAR KAIT) JUDGE FEBRUARY 28, 2020/rk CRL.M.C.1126.2020 Page 3 of 3