Rajendra Prasad Tamta & Ors. vs State & Anr.
2020 Latest Caselaw 1335 Del

$~50
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 27.02.2020

+      CRL.M.C. 1091/2020
       RAJENDRA PRASAD TAMTA & ORS.           ..... Petitioners
                    Through Adv. (appearance not given)

                          versus

       STATE & ANR.                                        ..... Respondent
                          Through       Mr. Izhar Ahmed, APP for State
                                        SI G. N. Tiwari, PS Subzi Mandi.
                                        Adv. (appearance not given) for R-2
                                        with respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 4317/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 1091/2020

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

FIR No. 184/2015 dated 10.04.2015 registered at Police Station Subzi

Mandi 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 21.04.2011 as per

Hindu rites and rituals. One child was born out of the wedlock. Due to

extreme incompatibilities between petitioners and respondent no.2, they

started living separately from 03.03.2014.

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

wishers and relatives, entered into an amicable settlement before

Counselling Cell, Principal Judge, Tis Hazari Courts, New Delhi agreement

dated 28.10.2017 and settled all their disputes amicably.

8. Complainant is present in person and has been identified by SI G. N.

Tiwari of Police Station Subzi Mandi and submits that matter has been

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

9. A demand draft bearing No.107196 dated 10.02.2020 for the balance

amount of ₹3,00,000/- (Rupees Three Lacs) is handed over to the

respondent no. 2 today in the Court.

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. 184/2015 dated 10.04.2015

registered at Police Station Subzi Mandi, New Delhi and consequent

proceedings emanating therefrom are quashed.

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

13. Order dasi.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 27, 2020 ms