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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30.06.2020
+ CRL.M.C. 1541/2020 (URGENT)
SUNIR GARG & ORS. ..... Petitioners
Through Dr. Anurag Kumar Agarwal, Adv.
versus
GOVT. OF NCT DELHI & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for the State.
Mr. Kapil Goyal, Adv. for
respondent No.2 with respondent
No.2 present through VC
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners seek direction for quashing of FIR No.0257/2017 dated 30.05.2017, registered at Police Station Shahdara, Delhi and consequent proceedings arising therefrom.
2. Notice issued.
3. 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.
4. Petitioner no.1 and respondent no.2 got married on 08.12.2012 as per Hindu rites and rituals. One child was born out of the wedlock namely CRL.M.C.1541/2020 Page 1 of 3 Master Kabir Gupta. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 07.04.2014.
5. Petitioners and respondent no.2 entered into an amicable settlement vide a Settlement Deed dated 18.01.2020 and settled all their disputes amicably.
6. Respondent no.2 is personally present in Court through video conferencing and has been identified by counsel for petitioners and submits that matter has been settled and she does not wish to prosecute the matter any further.
7. The total settlement amount is Rs.1,25,00,000/- Rupees (One Crore Twenty Five Lakhs only). It is submitted that the respondent no.2 has already received an amount of Rs.50,00,000/- (Rupees Fifty Lakhs only). A demand draft bearing No.168754 dated 29.06.2020 for an amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) in the name of respondent no.2 is handed over to the respondent no.2. Another demand draft bearing No.168755 dated 29.06.2020 for an amount of Rs.50,00,000/- (Rupees Fifty Lakhs only) in the name of child, namely, Kabir Gupta is handed over to respondent no.2 towards the balance amount which shall be kept into an FDR and encashed at the time when the child attains majority. CRL.M.C.1541/2020 Page 2 of 3
8. 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.
9. For the reasons afore-recorded, FIR No.0257/2017 dated 30.05.2017, registered at Police Station Shahdara, Delhi and consequent proceedings emanating therefrom are quashed.
10. The petition is, accordingly, allowed and disposed of.
11. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email.
(SURESH KUMAR KAIT) JUDGE JUNE 30, 2020/rk CRL.M.C.1541/2020 Page 3 of 3