Nikhil Gupta & Ors. vs State & Anr.
2019 Latest Caselaw 5540 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: 08.11.2019

+     CRL.M.C. 5309/2019
      NIKHIL GUPTA & ORS.                                ..... Petitioner
                    Through            Mr. Rahul Tewari, Adv.

                         versus

      STATE & ANR.                                       ..... Respondents
                         Through       Mr. Kamal Kr. Ghei, APP for State
                                       W/SI Sanju Rai, Crime Women Cell
                                       Nanakpura
                                       Adv. (appearance not given) for R-2
                                       With respondent no.2 in person

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

CRL.M.A. 38427/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C . 5309/2019

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

163/2017 dated 19.12.2017 registered at Police Station Crime Women Cell

Nanakpura 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 23.04.2016 as

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

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

28.02.2017.

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

wishers and relatives have entered into an amicable settlement before the

Principal Judge, Family Courts, Rohini Courts, Delhi vide order dated

15.11.2018 and settled all their disputes amicably.

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

identified by W/SI Sanju Rai of Police Station Crime Women Cell

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

prosecute the matter any further.

9. The total settlement amount is ₹15,00 ,000/-(Rupees Fifteen Lakhs

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

amount of ₹10 lakhs (Rupees Ten Lakhs). A demand draft bearing

No.455104 dated 01.10.2019 for the balance amount of ₹5,00,000/- (Rupees

Five Lakhs ) is handed over to the respondent no.2 today in the Court.

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, FIR No. 163/2017 dated 19.12.2017

registered at Police Station Crime Women Cell Nanakpura and consequent

proceedings emanating therefrom are quashed.

12. The petition is allowed accordingly.

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 08 2019 ms