Amit Kumar & Ors. vs State & Anr.
2020 Latest Caselaw 1381 Del

$~34
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 28.02.2020

+      CRL.M.C. 1126/2020
       AMIT KUMAR & ORS.                                   .... Petitioners
                          Through       Mr.Raj Kumar, Adv. with petitioners
                                        in person
                          versus

       STATE & ANR.                                        .... Respondents
                          Through       Mr. Izhar Ahmad, APP for State SI
                                        Rajeev Kumar (IO) and ASI Bandna,
                                        PS Harsh Vihar, Delhi
                                        Ms.Rita Rana and Mr.Vishwas Ahuja,
                                        Advs. 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. 4417/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1126/2020

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

FIR No.97/2017 dated 12.04.2017 registered at Police Station Harsh Vihar,

Delhi 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 21.02.2011 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent No. 2, they started living separately from 26.12.2014.

7. Petitioners and respondent No. 2, have entered into an amicable

settlement before Delhi Mediation Centre, Karkardooma Court, Delhi vide a

settlement deed dated 15.05.2018 and settled all their disputes amicably.

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

Rajeev Kumar (IO) and submits that matter has been settled and she does

not wish to prosecute the matter any further.

9. The total settlement amount is ₹10,00,000/-(Rupees Ten Lakhs only).

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

₹8,00,000/- (Rupees Eight Lakhs only). A demand draft bearing

No. 976297 dated 27.02.2020 for the balance amount of ₹2,00,000/- (Rupees

Two Lakhs only) is handed over to respondent No. 2 today in 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. 0097/2017 dated 12.04.2017

registered at Police Station Harsh Vihar, Delhi and consequent proceedings

emanating therefrom are quashed.

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

13. Order dasti

(SURESH KUMAR KAIT) JUDGE FEBRUARY 28, 2020/rk