Sh. Bhagat Singh Mahna & Ors. vs State & Anr
2019 Latest Caselaw 5579 Del

$~47
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 13.11.2019

+      CRL.M.C. 5736/2019
       SH. BHAGAT SINGH MAHNA & ORS.            ..... Petitioners
                     Through: Ms. Gita Dhingra, Adv.
                          versus
       STATE & ANR.                                      ..... Respondents
                          Through:      Mr. K.K. Ghei, APP for State with
                                        Subhash Chandra, PS - Samaipur
                                        Badli
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 40033/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5736/2019

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

34/2019 dated 22.01.2019 registered at Police Station - Samaipur Badli,

Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP on behalf of the State.

6. With the consent of the parties, the present petition is taken up for

final disposal.

7. The respondent no.2 is the widow of late Sh. Ajay Mahna, son of

petitioner no. 1, namely, Sh. Bhagat Singh Mahna. Husband of the

respondent No. 2 expired on 26.05.2018. Due to extreme incompatibilities

between the petitioners and respondent no.2, respondent No. 2 started living

separately.

8. The petitioners and respondent no.2 have entered into an amicable

settlement vide settlement deed dated 04.04.2019 and settled all their

disputes amicably.

9. The total settlement amount is ₹6,00,000/-(Rupees Six Lakhs). It is

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

₹3,00,000/- (Rupees Three Lakhs). A demand draft bearing no.253296

dated 02.11.2019 for the balance amount of ₹3,00,000/- (Rupees Three

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

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

identified by SI Subhash Chandra, PS- Samaipur Badli and submits that

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

further.

11. 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.

12. For the reasons afore-recorded, the FIR No.34/2019 dated 22.01.2019

registered at Police Station-Samaipur Badli, Delhi and consequent

proceedings arising therefrom are quashed.

13. The petition is allowed accordingly.

14. Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 13, 2019 PB