Ajay Kaushik & Ors. vs State & Anr.
2019 Latest Caselaw 6332 Del

$~67
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 06.12.2019

+      CRL.M.C. 6288/2019
       AJAY KAUSHIK & ORS.                                 ..... Petitioners
                          Through       Mr. Rahul Nagpal, Adv. with
                                        petitioners in person

                          versus
       STATE & ANR.                                        ..... Respondents
                          Through       Mr. K K Ghei, APP for State
                                        SI. Ashok, PS Farsh Bazar
                                        Mr. Jitender Singh, Adv. 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. 42058/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.6288/2019

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

884/2014 dated 13.11.2014 registered at Police Station Farsh Bazar 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 23.06.2006 as

per Hindu rites and rituals. Out of the said wedlock, one child namely Nidhi

Kaushik was born. Due to extreme incompatibilities between the petitioners

and respondent no.2, they started living separately.

7. The petitioner no.1 and respondent no.2 have settled all their disputes

amicably before the Mediation and Conciliation Centre, Karkardooma

Courts, Delhi, whereby the petitioners have agreed to pay against a sum of

₹15 lacs to respondent No. 2 towards all her claims. Out of the total

settlement amount of ₹ 15 lacs, ₹ 10 lacs have already been received by the

respondent no.2 and the balance ₹5 lacs have been handed over to her by the

petitioner no.1 in the Court today by way of a demand draft bearing

no.154422 dated 04.12.2019 drawn on Punjab & Sind Bank.

8. The complainant/respondent no.2 is present in person with her

counsel and has been identified by SI Ashok of Police Station Farsh Bazar

and submits that the matter has been settled and she does not wish to

prosecute the matter any further.

9. Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

10. For the reasons afore-recorded, the FIR No. 884/2014 dated

13.11.2014 registered at Police Station Farsh Bazar and consequent

proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

(SURESH KUMAR KAIT) JUDGE DECEMBER 06, 2019 sm