Ankit Tomar & Ors vs State & Anr
2019 Latest Caselaw 6682 Del

$~52
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 19.12.2019

+      CRL.M.C. 6559/2019
       ANKIT TOMAR & ORS                                   ..... Petitioners
                          Through       Mr.Arun Kumar Rathi, Adv.

                          versus

       STATE & ANR                                       ..... Respondents
                          Through       Mr.Panna Lal Sharma, APP for State.
                                        W/ASI Krishna, Vikas Puri Traffic
                                        circle.
                                        SI Sandeep PS Vikas Puri.
                                        Mr.Anil Dabas, 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. 43041/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.6559/2019

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

No.892/2015 dated 20.09.2015 registered at Police Station Vikas Puri 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 20.04.2008 as

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

Master Ansh. Due to extreme incompatibilities between the petitioners and

respondent no.2, they started living separately since March 2013.

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

well wishers and relatives entered into an amicable settlement before the

Principal Judge, Family Court, Ambala vide settlement deed dated

13.05.2019 and settled all their disputes amicably. The petitioner has agreed

to pay Rs.36 lacs towards full and final settlement to the respondent no.2.

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

counsel and has been identified by W/ASI Krishna of Police Station Vikas

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

prosecute the matter any further. However, liberty is granted to respondent

no.2/ complainant, if the amount is not paid as per the settlement, the present

petition shall be revived.

9. 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.

10. For the reasons afore-recorded, the FIR No.892/2015 dated

20.09.2015 registered at Police Station Vikas Puri and consequent

proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti

(SURESH KUMAR KAIT) JUDGE DECEMBER 19, 2019 ab