Sudhanshu Gupta & Ors vs State (Govt. Of Nct) & Anr
2020 Latest Caselaw 1034 Del

$~55
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 14.02.2020

+      CRL.M.C. 838/2020
       SUDHANSHU GUPTA & ORS                               ..... Petitioners
                          Through       Mr.S.K. Mittal, Adv.

                          versus

       STATE (GOVT. OF NCT) & ANR               ..... Respondents
                     Through   Mr. Izhar Ahmed, APP for State.
                               ASI Narender Kumar PCR New
                               Delhi.
                               Mr.Dinesh Malik, Adv. with
                               Mr.Akash Saini, Adv. for R-2 with
                               Mr.Mahesh Gupta, Attorney of R-2.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 3421/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.838/2020

3. Vide the present petition, petitioners seek direction for quashing of

FIR No.430/2016 dated 23.05.2016 registered at Police Station K.N. Katju

Marg and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for

respondent no.2 and with the consent of counsel for parties, present petition

is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 27.01.2010 as per

Hindu rites and ceremonies. Due to extreme incompatibilities between

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

06.01.2016.

7. Petitioners and respondent no.2 have mutually settled all their

disputes amicably.

8. The total settlement amount is ₹9,00,000/-(Rupees Nine Lakhs only).

A demand draft bearing No.514516 dated 30.01.2020 for the balance

amount of ₹3,00,000/- (Rupees Three Lakhs only) is handed over to the

Attorney of respondent no.2 today in the Court.

9. Attorney of respondent no.2 is present in person who is father of

respondent no.2 and has been identified by ASI Narender Kumar and

submits that matter has been settled, therefore, she does not wish to

prosecute the matter any further.

10. Taking into account the aforesaid facts, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioners any

further.

11. For the reasons afore-recorded, FIR No.430/2016 dated 23.05.2016

registered at Police Station K.N. Katju Marg and consequent proceedings

emanating therefrom are quashed.

12. The petition is, accordingly, allowed and disposed of.

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 14, 2020 ab