Prabhjot Singh & Ors. vs State & Anr.
2019 Latest Caselaw 4627 Del

$~69
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 26.09.2019
+      CRL.M.C. 4901/2019
       PRABHJOT SINGH & ORS.                             ..... Petitioners
                    Through              Mr. Deepak Kumar Khushalani, Adv.

                           versus

       STATE & ANR.                                        ..... Respondents
                           Through       Mr. Izhar Ahmed, APP for State
                                         Mr. Neeraj Thakkar, Adv. for R-2
                                         with respondent no.2 in person
                                         Insp. Sudhir Kumar, PS Shalimar
                                         Bagh
       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

9/2018 dated 05/01/2018 registered at Police Station Shalimar Bagh

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

IPC 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 12.02.2017 as

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

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

28.05.2017.

5. The petitioner and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement on 10.08.2018

before Learned ADJ, North West, Rohini Courts and settled all their

disputes amicably.

6. The total settlement amount is ₹10,00,000/-(Rupees Ten Lacs only). It

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

₹7 lakhs (Rupees Seven Lacs Only). A bankers cheque bearing No.977062

dated 23.09.2019 for the balance amount of ₹3,00,000/- (Rupees Three lacs

only) is handed over to the respondent No. 2 today in the Court.

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

identified by SI Sudhir Kumar of Police Station Shalimar Bagh and submits

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

any further.

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. 9/2018 dated 05/01/2018

registered at Police Station Shalimar Bagh instituted for the offences

punishable under Sections 498A/406/509 of the IPC and consequent

proceedings therefrom are quashed.

10. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE

SEPTEMBER 26, 2019 ms