Sachin Gupta & Anr. vs State & Anr.
2020 Latest Caselaw 1332 Del

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

                                                  Date of decision: 27.02.2020

+      CRL.M.C. 1108/2020
       SACHIN GUPTA & ANR.                                  ..... Petitioners
                    Through             Mr.Manjeet Kaur, Adv. with
                                        Ms.Anita Kumari, Adv. with
                                        petitioners in person.

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through       Mr. Amit Chadha, APP for State.
                                        Insp.Asha PS CWC Nanak Pura.
                                        Mr.Sunil Kumar Jha, 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. 4361/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1108/2020

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

FIR No.31/2016 dated 10.03.2016 registered at Police Station CWC

Nanakpura 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 07.05.2014 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 25.10.2014.

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

wishers and relatives, have entered into an amicable settlement vide

Memorandum of Understanding dated 06.02.2019 and settled all their

disputes amicably.

8. The total settlement amount is ₹5,00,000/-(Rupees Five Lakhs only).

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

₹4,00,000/- (Rupees Four Lakhs only). A demand draft bearing No.287185

dated 24.02.2020 for the balance amount of ₹1,00,000/- (Rupees One Lakh

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 Insp.Asha/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.31/2016 dated 10.03.2016

registered at Police Station CWC Nanakpura and consequent proceedings

emanating therefrom are quashed.

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

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 27, 2020 ab