Rakesh Kumar Kwatra & Ors vs The State & Anr
2019 Latest Caselaw 5306 Del

$~27
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 31.10.2019

+      CRL.M.C. 4559/2019
       RAKESH KUMAR KWATRA & ORS              ..... Petitioners
                   Through: Mr. N.K. Mishra and Ms. Alka, Advs.
                           versus
       THE STATE & ANR                                      ..... Respondents
                     Through:            Mr. Izhar Ahmad, APP for State.
                                         Mr. Manish Bansal and Ms. Aarti
                                         Tyagi, Advs. 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)

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

26/2013 dated 23.01.2013 registered at Police Station - South Rohini 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 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

4. The petitioner no.1 and respondent no.2 got married on 23.06.2010 as

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

petitioner no. 1 and respondent no.2, they started living separately from

17.04.2011.

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

amicable settlement vide settlement deed dated 29.01.2019 and settled all

their disputes amicably.

6. The complainant is present in person with her counsel and for her

identification purposes, original of her Aadhaar (bearing No. 7698 4596

0007 ) has been seen and returned. It is submits that matter has been settled

and she does not wish to prosecute the matter any further.

7. The total settlement amount is ₹7,00,000/-(Rupees (Seven Lakhs). It

is submitted that the respondent No. 2 has already received an amount of ₹5

lakhs (Rupees Five Lakhs). A demand draft bearing No.870701 dated

30.08.2019 for the balance amount of ₹2,00,000/- (Rupees Two Lakhs) is

handed over to the respondent No. 2 today in the Court.

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. 26/2013 dated 23.01.2013

registered at Police Station - South Rohini and consequent proceedings

arising therefrom are quashed.

10. The petition is allowed accordingly.

11. Dasti.

(SURESH KUMAR KAIT) JUDGE

OCTOBER 31, 2019 PB