Rajpal Singh & Ors. vs State & Anr.
2020 Latest Caselaw 1293 Del

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

                                                  Date of decision: 26.02.2020

+      CRL.M.C. 1071/2020
       RAJPAL SINGH & ORS.                                 ..... Petitioners
                          Through       Ms.Jyoti Verma, Adv.

                          versus

       STATE & ANR.                                      ..... Respondents
                          Through       Mr.Izhar Ahmed, APP for State.
                                        SI Dharmvir Singh CWC Nanak Pura.
                                        Mr.Lakshay Anand, Adv. with
                                        Mr.Aryan Arora, Adv. for R-2 with
                                        R-2 in person.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 4254/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1071/2020

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

FIR No.171/2012 dated 11.12.2012 registered at Police Station Crime

Women Cell 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 26.03.2000 as per

Hindu rites and rituals. One male child was born out of the wedlock namely

Jaskirat Singh. Due to extreme incompatibilities between petitioners and

respondent no.2, they started living separately since July 2011.

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

wishers and relatives, have entered into an amicable settlement vide

compromise-cum-settlement deed dated 10.07.2019 and settled all their

disputes amicably.

8. The total settlement amount is ₹25,00,000/-(Rupees Twenty Five

Lakhs only). It is submitted that the respondent no. 2 has already received an

amount of ₹16,50,000/- (Rupees Sixteen Lacs Fifty Thousand only). Two

demand drafts bearing Nos.513556 dated 18.02.2020 for ₹4,00,000/- &

516158 dated 05.12.2019 for ₹4,50,000/- (Total Rupees Eight Lacs Fifty

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

9. Complainant/Respondent no.2 is present in person and has been

identified by SI Dharamvir Singh/IO 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.171/2012 dated 11.12.2012

registered at Police Station Crime Women Cell and consequent proceedings

emanating therefrom are quashed.

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

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 26, 2020 ab