Vijay Prasad Nautiyal & Ors vs The State Of N.C.T Of Delhi & Anr
2019 Latest Caselaw 4755 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 01.10.2019
+      CRL.M.C. 5050/2019
       VIJAY PRASAD NAUTIYAL & ORS             ..... Petitioners
                     Through: Mr. Roopenshu Pratap Singh, Adv.

                          versus

       THE STATE OF N.C.T OF DELHI & ANR         ..... Respondents
                     Through: Mr. Izhar Ahmad, APP for State
                               ASI Ombir Singh, PS R. K. Puram
                               Adv. for R-2
                               Adv. (appearance not given)
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.As. 37498-500/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. These applications are, accordingly, disposed of.

CRL.M.C. 5050/2019

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

137/2014 dated 28.02.2014 registered at Police Station Dabri 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 15.02.2005 as

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

Shubhankar Shiv. Due to extreme incompatibilities between the petitioners

and respondent no.2, they started living separately from 18.08.2013.

7. The petitioners and respondent no.2 with the intervention of their

well wishers and relatives entered into an amicable settlement vide

settlement deed dated 10.09.2018 and settled all their disputes amicably.

8. The total settlement amount is ₹13,25,000/-(Rupees Thirteen Lakhs

Twenty Fifty Thousand only). It is submitted that the respondent No. 2 has

already received an amount of ₹8 lakhs (Rupees Eight Lacs). A cheque

bearing No.092731 dated 26.08.2019 for the balance amount of ₹5,25,000/-

(Rupees Five Lacs Twenty Five Thousand) is handed over to the respondent

No. 2 today in the Court.

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

identified by ASI Ombir Singh of Police Station R. K. Puram and submits

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

any further.

10. 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.

11. For the reasons afore-recorded, the FIR No. 137/2014 dated

28.02.2014, registered at Police Station Dabri and consequent proceedings

therefrom are quashed.

12. The petition is allowed and disposed of accordingly .

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

(SURESH KUMAR KAIT) JUDGE OCTOBER 01, 2019 ms