Manik Guglani & Ors vs The State & Anr
2019 Latest Caselaw 5714 Del

$~79
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 18.11.2019

+      CRL.M.C. 5834/2019
       MANIK GUGLANI & ORS                                 ..... Petitioners
                          Through       Mr. Sanjay Padam Jain, Adv. with
                                        petitioners in person

                          versus

       THE STATE & ANR                                   ..... Respondents
                     Through            Mr. Izhar Ahmed, APP for State
                                        ASI Vikram, PS Hari Nagar
                                        Mr. Mohinde Dhawan, Adv. for R-2
    CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 40460/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5834/2019

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

No.59/2016 dated 12.01.2016 registered at Police Station Hari Nagar 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 26.06.2012 as

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

namely Hargun. Due to extreme incompatibilities between the petitioners

and respondent no.2, they started living separately.

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

settlement vide settlement deed dated 12.07.2019 before Delhi Mediation

Centre, Tis Hazari Courts, Delhi and as per the settlement, the petitioners

agreed to pay a sum of ₹15 lacs to the respondent no.2 as full and final

settlement against all her claims and out of the total settled amount, ₹10 lacs

has already BEEN paid by the petitioners. Petitioners have handed over the

remaining amount of ₹5 lacs by way of a demand draft bearing no.322740

dated 16.11.2019 drawn on Canara Bank, to the respondent no.2 in the Court

today.

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

identified by ASI Vikram, P.S. Hari Nagar and admits the factum of

settlement arrived at with the petitioners and that she has received the entire

settled amount. She further submits that in view of the settlement, she does

not wish to prosecute the matter any further.

8. 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.

9. For the reasons afore-recorded, the FIR No.59/2016 dated 12.01.2016

registered at Police Station Hari Nagar and consequent proceedings arising

therefrom are quashed.

10. The petition is allowed accordingly.

11. Order dasti

(SURESH KUMAR KAIT) JUDGE NOVEMBER 18, 2019 sm