Rajiv Kumar Gupta & Anr. vs State & Anr.
2019 Latest Caselaw 6750 Del

$~20
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 23.12.2019

+      CRL.M.C. 6638/2019
       RAJIV KUMAR GUPTA & ANR.                 ..... Petitioners
                       Through Mr. Sandeep Garusa with Mr. Ajay
                               Kumar, Advs.

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr.Kamal Kr. Ghai, APP for State.
                                        SI Ajay Pal, PS Madhu Vihar, ASI
                                        Brijeshwar Dayal, CAW Cell/East.
                                        Mr. Sushil Thakur, Adv. for R-2

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 43286/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 6638/2019

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

396/2016 dated 26.08.2016 registered at Police Station Pandav Nagar 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 06.07.2014 as

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

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

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

wishers and relatives entered into an amicable settlement vide mutual

settlement/agreement executed on 02.05.2019 and settled all their disputes

amicably.

8. The total settlement amount is ₹32,00,000/-(Rupees Thirty Two

Lakhs only). It is submitted that the respondent no.2 has already received an

amount of ₹23,00,000/- (Rupees Twenty Three Lakhs Only). A demand

draft bearing No.780084 dated 16.12.2019 for the balance amount of

₹9,00,000/- (Rupees Nine Lakhs Only) 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 Ajay Pal of Police Station Madhu Vihar 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.396/2016 dated

26.08.2016 registered at Police Station Pandav Nagar and consequent

proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE DECEMBER 23, 2019 ab