Jatin Malhotra & Ors vs The State & Anr
2019 Latest Caselaw 5871 Del

$~57
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 21.11.2019

       CRL.M.C. 5908/2019
       JATIN MALHOTRA & ORS                                ..... Petitioners
                          Through       Mr. B P Singh, Adv. with petitioners
                                        in person

                          versus

       THE STATE & ANR                                      ..... Respondents
                     Through            Mr K K Ghai, APP for State
                                        Insp. Satish Malik, PS Rajender
                                        Nagar & W/SI Davinder Kaur, Spl.
                                        Branch, Asaf Ali Road.
                                        Mr. Sandeep Bangal, 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. 40745/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5908/2019

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

No.337/2016 dated 14.11.2016 registered at Police Station Rajender 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 29.11.2013 as

per Hindu rites and rituals and out of the said wedlock, one male child,

namely, Master Aditya was born on 02.04.2015. Due to extreme

incompatibilities between the petitioners and respondent no.2, they started

living separately from 20.12.2014.

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

settlement before the Mediation Centre, Tis Hazari Courts, Delhi vide a

settlement dated 28.05.2019, according to which the petitioner no.1 had

agreed to pay a sum of Rs.15 lacs to respondent no.2 towards full and final

settlement of all her claims. Out of the settled amount, Rs.10 lacs already

stands paid by the petitioner no.1 and remaining Rs.5 lacs have been paid to

the respondent no.2 in the Court today by way of a demand draft bearing

no.511284 dated 18.09.2019 drawn on ICICI Bank.

8. The Respondent No. 2 is present in person with her counsel and has

been identified by Insp. Satish Malik of Police Station Rajender Nagar and

submits that the matter has been settled and she has received the entire

settlement amount and therefore, 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 F.I.R as no useful purpose would be served in prosecuting the

petitioners any further.

10. For the reasons afore-recorded, the F.I.R No.337/2016 dated

14.11.2016 registered at Police Station Rajender Nagar and consequent

proceedings arising therefrom are quashed.

11. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 21, 2019 sm