Sh. Kapil Bakshi & Anr. vs State & Anr.
2020 Latest Caselaw 1200 Del

$~61
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:20.02 .2020

+      CRL.M.C. 959/2020
       SH. KAPIL BAKSHI & ANR.                             .... Petitioners
                          Through       Mr.Mohit Bangwal, proxy counsel

                          versus

       STATE & ANR.                                      .... Respondents
                          Through       Mr. Izhar Ahmed, APP for State with
                                        SI Ajay Tomar, PS Shakarpur
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 3900/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

Crl. M.A. 3901/2020

3. In view of reasons stated in application, delay of 13 days in re-filing petition is condoned.

4. Application is, accordingly, allowed and disposed of. CRL.M.C.959/2020

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

FIR No.687/2016 dated 16.7.2016 registered at Police Station Shakarpur,

Delhi and consequent proceedings arising therefrom.

6. Notice issued.

7. 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.

8. Petitioner no.1 and respondent no.2 got married on 14.04.2010 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from September, 2015.

9. Petitioners and respondent no.2 entered into an amicable settlement

before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide

settlement deed dated 4.8.2018 and settled all their disputes amicably.

10. Respondent No.2 is present in person and has been identified by SI

Ajay Tomar (IO) and submits that matter has been settled and she does not

wish to prosecute the matter any further.

11. The total settlement amount is ₹6,00,000/-(Rupees Six Lakhs only). It

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

₹4,50,000/- (Rupees Four Lakhs Fifty Thousand only). A demand draft

bearing No.433723 dated 3.1.2020 for an amount of Rs.1,40,000/- (Rupees

One Lakh Forty Thousand only) is handed over to respondent no. 2 and an

amount of Rs.10,000/- (Rupees Ten Thousand only) in cash is also paid to

the respondent No.2 today in Court towards the balance amount.

12. 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.

13. For the reasons afore-recorded, FIR No.687/2016 dated 16.7.2016

registered at Police Station Shakarpur, Delhi and consequent proceedings

emanating therefrom are quashed.

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

15. Order dasti

(SURESH KUMAR KAIT) JUDGE FEBRUARY 20, 2020/rk