Pradeep Aggarwal vs State & Ors.
2019 Latest Caselaw 6381 Del

$~51
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 09.12.2019


+      CRL.M.C. 6334/2019

       PRADEEP AGGARWAL                                    ..... Petitioner
                          Through       Ms. Garima Verma, Adv. with
                                        petitioner in person

                          versus

       STATE & ORS.                                        ..... Respondent
                          Through       Mr. K K Ghei, APP for State
                                        WSI Sushila, PS Paschim Vihar
                                        Mr. Suman Saharan, Adv. for R-2
                                        with R-2 in person
                                        Mr. Prabhas Roy, Adv. for R-3 to 7
                                        with R-3 to 7 in person

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT


                          J U D G M E N T (ORAL)

Crl. M.A. 42211/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.6334/2019

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

291/2011 dated 01.10.2011 registered at Police Station Paschim Vihar 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 respondent nos.3 to 7 and with the consent of the

counsel for the parties, the present petition is taken up for final disposal.

6. The petitioner and respondent no.2 got married on 02.02.2006 as per

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

Aggarwal, was born. Due to extreme incompatibilities between the

petitioner and respondent no.2, they started living separately since

December, 2010.

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

amicably vide Settlement cum Agreement dated 23.10.2018, whereby the

petitioner has agreed to pay a sum of ₹25 lacs to respondent No. 2 towards

all her claims. And apart from it, it has also been agreed upon by the parties,

that the petitioner shall have visitation rights to meet the baby, Pearl

Aggarwal, subject to a total of sixty days in a year with prior,

intimation/information to the respondent no.2.

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

counsel and has been identified by WSI Sushila of Police Station Paschim

Vihar and submits that the matter has been settled and admits having

received the entire settlement amount and hence, does not wish to prosecute

the matter any further.

7. 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.

8. For the reasons afore-recorded, the FIR No. 291/2011 dated

01.10.2011 registered at Police Station Paschim Vihar and consequent

proceedings emanating therefrom are quashed.

9. The parties shall bound by the terms of settlement.

10. The petition is allowed accordingly.

11. Order dasti.

(SURESH KUMAR KAIT) JUDGE DECEMBER 09, 2019 sm