Sh. Sunil Kumar Kharwar & Ors. vs State & Anr.
2019 Latest Caselaw 6205 Del

$~54
*      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.

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

₹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