Dharmender & Ors vs The State & Anr
2019 Latest Caselaw 5352 Del

$~48
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 01.11.2019
+      CRL.M.C. 5582/2019
       DHARMENDER & ORS                                     ..... Petitioners
                   Through:             Mr. Dev Shekhar, Adv. with
                                        Petitioners in person
                          versus
       THE STATE & ANR                                       ..... Respondents
                     Through:
                                        ASI Chander Shekhar, PS - Sadar
                                        Bazar, Delhi
                                        Mr. Navin, Adv. for R-2

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 39408/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5582/2019

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

245/2017, registered at Police Station - Sadar Bazar, Delhi 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 07.02.2013 as

per Hindu rites and rituals. One child, namely, Saksham Singh, was born out

of this wedlock. Due to extreme incompatibilities between the petitioner no.

1 and respondent no.2, they started living separately from 03.06.2016.

7. 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 30.07.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹3,00,000/-(Rupees There Lakhs). It is

submitted that the respondent No. 2 has already received an amount of

₹2,50,000/- (Rupees Two Lakhs Fifty Thousand). A demand draft bearing

No.518830 dated 31.10.2019 for the balance amount of ₹50,000/- (Rupees

Fifty Thousand) 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 - Chander Shekhar of Police Station - Sadar Bazar 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 concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

11. For the reasons afore-recorded, the FIR No. 245/2017, registered at

Police Station - Sadar Bazar, Delhi and consequent proceedings arising

therefrom are quashed.

12. The petition is allowed accordingly.

13. Dasti.

(SURESH KUMAR KAIT) JUDGE

NOVEMBER 01, 2019 PB