Arvinder Singh Kalara & Ors. vs State & Anr.
2019 Latest Caselaw 5578 Del

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

                                                  Date of decision: 13.11.2019

+      CRL.M.C. 5742/2019 & CRL.M.A. 40051/2019-Stay


       ARVINDER SINGH KALARA & ORS.                        ..... Petitioners
                          Through:      Mr. Tanuj Arora, Adv. with
                                        petitioners in person

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through:      Mr. K K Ghai, APP for State
                                        SI Dharmender Kumar & SI Sanjay,
                                        P.S. Roop Nagar
                                        Mr. Jujhar Singh, 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. 40052/2019 (exemption)

Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 5742/2019

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

No.193/2012 dated 19./10.2012 registered at Police Station Roop Nagar,

District North 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 19.11.2000 as

per Sikh rites and rituals. One female child was born out of the wedlock

namely Simerpreet Kaur. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately since 2011.

5. The petitioners and respondent no.2 settled all their disputes before

the Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated

31.05.2018, copy whereof is on record as Annexure P-3.

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

identified by SI Dharmender Kumar of Police Station Roop Nagar and

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

matter any further. She also admits having received the settled amount of

₹2,50,000/- from the petitioners by way of demand draft no. 086651 dated

05.09.2019 drawn on Syndicate Bank.

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 No.193/2012 dated 19./10.2012

registered at Police Station Roop Nagar and consequent proceedings

therefrom are quashed.

9. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 13, 2019 SM