Sunil Kumar & Ors vs The State & Anr
2019 Latest Caselaw 6282 Del

$~49
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 05.12.2019
+      CRL.M.C. 6240/2019
       SUNIL KUMAR & ORS                                  ..... Petitioners
                    Through:            Mr. L.P. Singh and Mr. Raj
                                        Chaudhary, Advs.
                          versus

       THE STATE & ANR                                    ..... Respondents
                     Through:           Mr. K.K. Ghai, APP for State
                                        ASI Anil Kumar/ IO, PS-Kanjhawala
                                        Ms. Seema Gulati, Adv. for R-2

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 41907/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 6240/2019

3. Vide the present petition, the petitioners seek quashing of FIR No.

876/2015 dated 30.12.2015 registered at Police Station - Kanjhawala, Delhi

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 22.11.2011 as

per Hindu rites and rituals. One girl child was born out of the wedlock,

namely, Bhavna. Due to extreme incompatibilities between the petitioners

and respondent no.2, they started living separately from May, 2015.

7. The petitioners and respondent no.2 have entered into an amicable

settlement vide settlement deed dated 09.10.2018 settled all their disputes

amicably.

8. The total settlement amount is ₹5,75,000/-(Rupees Five Lakhs

Seventy Five Thousand). It is submitted that the respondent No. 2 has

already received an amount of ₹4,00,000/- (Rupees Four Lakhs). A demand

draft bearing No. 904317 dated 15.10.2019 drawn on Punjab and Sind Bank

for the balance amount of ₹1,75,000/- (Rupees One Lakh Seventy Five

Thousand) 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 - ASI Anil Kumar/IO of Police Station - Kanjhawala, Delhi

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, the FIR No. 876/2015 dated

30.12.2015 registered at Police Station - Kanjhawala, Delhi and consequent

proceedings arising therefrom are hereby quashed.

12. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE DECEMBER 05, 2019 PB