Gaurav Arora & Ors. vs State & Anr.
2019 Latest Caselaw 5626 Del

$~60
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 14.11.2019
+      CRL.M.C. 5750/2019
       GAURAV ARORA & ORS.                                 ..... Petitioners
                          Through       Mr. Sahil Munjal, Ms. Rhea Gandhi
                                        Munjal & Mr. Vaibhav Luthra, Advs
                                        with petitioners in person

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State
                                        SI Narender, PS Paschim Vihar
                                        Mr. Sumit Gaba, 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. 40098/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5750/2019

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

No.274/2013 dated 23.09.2013 registered at Police Station Paschim Vihar

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 23.10.2012 as

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

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

06.11.2012.

7. The petitioner no.1 and respondent no.2 entered into an amicable

settlement vide Compromise cum Settlement Deed dated 27.09.2019 and

settled all their disputes amicably for a total sum of ₹60 lacs towards full

and final settlement of all her claims. Further, out of the above settled

amount, ₹20 lacs already stand received by her, ₹ 20 lacs have been

deposited by the petitioners before the Family Courts while the balance ₹20

lacs have been handed over to her in the Court today by way of a demand

draft bearing no.043198 dated 11.11.2019 drawn on Axis Bank.

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

identified by SI Narender of Police Station Paschim Vihar and submits that

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

further.

9. 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.

10. For the reasons afore-recorded, the FIR No.274/2013 dated

23.09.2013 registered at Police Station Paschim Vihar and consequent

proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. The Family Courts is directed to release the amount in favour of the

respondent no.2/complainant.

13. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 14, 2019 sm