Sh. Manish Kumar Mathur & Ors. vs State & Anr.
2019 Latest Caselaw 5261 Del

$~46
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 30.10.2019
+      CRL.M.C. 5541/2019
       SH. MANISH KUMAR MATHUR & ORS.         ..... Petitioners
                    Through Mr. Sanjay Mishra, Adv.

                          versus

       STATE & ANR.                                         ..... Respondents
                          Through        Mr. Izhar Ahmed, APP for State
                                         Mr. Girish Gaur, Adv. for R-2 with
                                         respondent no.2 in person
                                         SI Ranvir Singh, PS Roop Nagar


CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 39265/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5541/201

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

0243/2018 dated 21.11.2018 registered at Police Station Roop Nagar and

consequent proceedings arising therefrom.

CRL.M.C. 5541/2019

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 31.10.2017 as

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

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

04.03.2018.

7. The petitioner no.1 and respondent no.2 with the intervention of their

well wishers and relatives entered into an amicable settlement before the

learned Principal Judge, Family Court, Central District, Tis Hazari Courts,

Delhi vide order dated 06.03.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹15,00,000/-(Rupees Fifteen Lakhs

only). It is submitted that the respondent no.2 has already received an

amount of ₹10 lakhs (Rupees Ten Lakhs only). A demand draft bearing

No.013659 dated 17.10.2019 for the balance amount of ₹5,00,000/- (Rupees

Five Lakhs only) has been handed over to the respondent No. 2 today in the

Court.

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

CRL.M.C. 5541/2019

identified by SI Ranvir Singh of Police Station Roop Nagar 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 of FIR No. 0243/2018 dated

21.11.2018 registered at Police Station Roop Nagar and consequent

proceedings emanating therefrom are quashed.

12. The petition is allowed accordingly.

13. Dasti.

(SURESH KUMAR KAIT) JUDGE OCTOBER 30, 2019 ms

CRL.M.C. 5541/2019