Harminder Singh Khatri & Ors vs State & Anr
2019 Latest Caselaw 6655 Del

$~22
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 18.12.2019
+      CRL.M.C. 5762/2019 and CRL.M.A. 40136/2019
       HARMINDER SINGH KHATRI & ORS           ..... Petitioners
                    Through: Mr. Prag Chawla and Mr. C.R. Lal,
                             Advs.
                    versus

       STATE & ANR                                         ..... Respondents
                           Through:      Mr. Izhar Ahmed, APP for State with
                                         SI Dharamvir Singh, PS - CWC
                                         Nanak Pura, New Delhi
                                         Mr. S.S. Ahluwalia and Mr. Mohit
                                         Barawal, Advs. for R-2

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR

No.66/2009 dated 13.05.2009 registered at Police Station - CWC Cell,

Nanak Pura, New Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. The petitioner no.1 and respondent no.2 got married on 18.04.2001, as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately from

21.09.2006.

5. The petitioner No. 1 and respondent no.2 with the intervention of their

well wishers and relatives entered into an amicable settlement vide

settlement deed dated 21.12.2009 and settled all their disputes amicably.

6. The complainant is present in person with her counsel and has been

identified by SI - Dharamvir Singh of Police Station - CWC Nanak Pura and

submits that matter has been settled and the petitioner has agreed to pay an

amount of Rs.25,00,000/- (Rupees Twenty-Five Lakhs) and that the

respondent No. 2 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. 66/2009 dated 13.05.2009

registered at Police Station - CWC Cell, Nanak Pura, New Delhi and

consequent proceedings arising therefrom are hereby quashed.

9. It is not in dispute that the petitioner had deposited an amount of

Rs.25,00,000/- (Rupees Twenty-Five Lakhs) at the time of granting bail by

this Court. Since the FIR and emanating proceedings thereto are hereby

quashed against the petitioner, therefore, the Registry of this Court is

directed to release an amount of Rs.25,00,000/- (Rupees Twenty-Five

Lakhs) with interest accrued thereon, if any, in favour of the respondent No.

2/ complainant on taking steps by her.

10. The petition is allowed accordingly. Pending application also stands

disposed of.

11. Order dasti under signatures of the Court Master.

(SURESH KUMAR KAIT) JUDGE DECEMBER 18, 2019 PB