Satish Kumar Kashyap & Ors. vs State & Anr.
2020 Latest Caselaw 1173 Del

$~53
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: .19.02.2020
+      CRL.M.C. 934/2020
       SATISH KUMAR KASHYAP & ORS.           ..... Petitioners
                    Through Ms. Bindiya Malhotra, Adv.

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Izhar Ahmad, APP for State.
                                        Mr. Mohd. Iqbal with Mr. Kunal
                                        Yadav, Advs. for R-2 with respondent
                                        no.2 in person
                                        ASI Subhash Dhaka, PS Begum Pur
                                        Rohini

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 3804/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 934/2020

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

FIR No. 861/2016 dated 25.10.2016 registered at Police Station Begum Pur

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 27.04.2015 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 16.05.2016.

7. Petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement before the Delhi

Mediation Centre, Rohini Courts on 18.02.2019 and settled all their

disputes amicably.

8. A demand draft bearing No.582071 dated 09.01.2020 for balance

amount of ₹ 1,00,000/- (Rupees One Lac) is handed over to the respondent

no. 2 today in the Court.

9. Complainant is present in person and has been identified by SI

Subhash Dhaka of Police Station Begum Pur 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

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

further.

11. For the reasons afore-recorded FIR No. 861/2016 dated 25.10.2016

registered at Police Station Begum Pur and consequent proceedings

emanating therefrom are quashed.

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

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 19, 2020 ms