Vikas Sharma & Anr. vs State & Anr
2019 Latest Caselaw 4756 Del

$~59
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision:01.10.2019
+      CRL.M.C. 4855/2019
       VIKAS SHARMA & ANR.                              ..... Petitioners
                    Through:           Mr. Amit Kumar, Adv. for Mr. Sunil
                                       Mund, Adv.
                          versus
       STATE & ANR                                       ..... Respondents
                          Through:     Mr. Izhar Ahmad, APP for State
                                       SI Sumitra Sharma/IO
                                       Ms. Meeta Bali Sehrawat and
                                       Mr. Rajesh Sehrawat, Advs. for R-2
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

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

487/2015 dated 12.04.2015 registered at Police Station - Rajouri Garden

and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the

respondent no.2.

4. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

5. The petitioner no.1 and respondent no.2 got married on 28.10.2009 as

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

Kamakshi Sharma.

6. The petitioner No. 1 and respondent no.2 have entered into an

amicable settlement vide settlement deed dated 17.05.2017 and settled all

their disputes amicably.

7. The total settlement amount is ₹17,00,000/-(Rupees Seventeen

Lakhs). It is submitted that the respondent No. 2 has already received an

amount of ₹11,00,000/- (Rupees Eleven lakhs). Two demand drafts bearing

Nos. 027903 and 027904, both dated 27.09.2019, drawn on Bank of Baroda

for the balance amount of ₹6,00,000/- (Rupees Six Lakhs) i.e. for

₹3,00,000/- (Rupees Three Lakhs) each are handed over to the respondent

No. 2 today in the Court.

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

identified by SI - Sumitra Sharma and submits that 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. 487/2015 dated

12.04.2015 registered at Police Station - Rajouri Garden and consequent

proceedings arising therefrom are hereby quashed.

11. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE

OCTOBER 01, 2019 PB