Gaurav Panwar & Ors vs The State & Anr
2019 Latest Caselaw 4571 Del

$~50
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 24.09.2019
+      CRL.M.C. 4840/2019
       GAURAV PANWAR & ORS                 ..... Petitioners
                  Through: Mr. Manoj Kumar, Adv.

                          versus

       THE STATE & ANR                                    ..... Respondents
                     Through:           Mr. Hirein Sharma, APP for State
                                        with W/SI Sushma, PS - Uttam Nagar
                                        Mr. Gaurav Arora, Adv. for
                                        R-2/complainant

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 36724/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 4840/2019

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

492/2013 dated 07.09.2013 registered at Police Station - Uttam Nagar

instituted for the offences punishable under Sections 498A/406/34 of the

IPC 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 09.11.2008 as

per Hindu rites and ceremonies. One female child was born out of the

wedlock, namely, Darshita on 23.06.2011. Due to extreme incompatibilities

between the petitioners and respondent no.2, they started living separately

from October, 2013.

7. The petitioners and respondent no.2 entered into an amicable

settlement vide settlement deed dated 29.01.2018 and settled all their

disputes amicably. The total settlement amount is ₹3,50,000/-(Rupees

(Three Lakhs and Fifty Thousand only). It is submitted that the respondent

No. 2 has already received an amount of ₹2,50,000/- (Rupees Two Lakhs

and Fifty Thousand only). A demand draft bearing No.326733 dated

19.09.2019 for the balance amount of ₹1,00,000/- (Rupees One Lakh only )

is 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 W/SI Sushma of Police Station - Uttam Nagar 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

petitioner any further.

10. For the reasons afore-recorded, the FIR No. 492/2013 dated

07.09.2013 registered at Police Station - Uttam Nagar instituted for the

offences punishable under Sections 498A/406/34 of the IPC and consequent

proceedings arising therefrom are quashed.

11. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE

SEPTEMBER 24, 2019 PB