Atul Gupta & Ors vs The State & Anr
2020 Latest Caselaw 1331 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 27.02.2020

+      CRL.M.C. 1114/2020
       ATUL GUPTA & ORS                                     ..... Petitioners
                          Through       Md.Zahid, Adv. with Mr.Anil Kumar,
                                        Adv. with petitioners in person.

                          versus

       THE STATE & ANR                                   ..... Respondents
                     Through            Mr. Izhar Ahmad, APP for State.
                                        SI Narender Kumar PS I P Estate.
                                        Mr.Firoz Ahmad, 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. 4376/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

Crl.M.A. 4375/2020

3. In view of the reasons stated in the application, delay of 31 days in re-

filing the petition is condoned.

4. The application is, accordingly, allowed and disposed of.

CRL.M.C.1114/2020

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

FIR No.456/2015 dated 31.12.2015 registered at Police Station New 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 01.05.2012 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately.

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

wishers and relatives entered into an amicable settlement before Counselling

Cell, Family Courts, Patiala House, New Delhi vide settlement deed dated

03.06.2019 and settled all their disputes amicably.

10. The total settlement amount is ₹4,70,000/-(Rupees Four Lakhs

Seventy Thousand only). It is submitted that the respondent no. 2 has

already received an amount of ₹3,29,000/- (Rupees Three Lacs Twenty Nine

Thousand only). A demand draft bearing No.842645 dated 10.01.2020 for

the balance amount of ₹1,41,000/- (Rupees One Lakh Forty One Thousand

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

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

identified by SI Narender Kumar/IO and submits that matter has been

settled, therefore, she does not wish to prosecute the matter any further.

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.456/2015 dated 31.12.2015

registered at Police Station New 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 27, 2020 ab