Sh. Rohit Agarwal vs State & Anr.
2020 Latest Caselaw 187 Del

$~22
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: 13.01.2020
+      CRL.M.C. 6309/2019
       SH. ROHIT AGARWAL                                    ..... Petitioner
                     Through              Mr. Kamaldeep Singh, Mr. Vivek,
                                          Mr. Kuldeep Singh and Mr. Naresh
                                          Yadav, Advs. with petitioner in
                                          person
                           versus
       STATE & ANR.                                          ..... Respondents
                           Through        Mr. Hirein Sharma, APP for State
                                          SI Rajbir Singh, SI Jagdish Chander,
                                          SI Krishan Gopal
                                          Mr. Balwant Singh Billowaria, Adv.
                                          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)

1. Vide the present petition, the petitioner seeks quashing of FIR

No.60/2015 dated 20.01.2015 registered at Police Station Dwarka North,

consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

4. The petitioner and respondent no.2 got married on 29.05.2010 as per

Hindu rites and rituals. Due to extreme incompatibilities between the

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

22.05.2013.

5. The petitioner and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement before the

Counselling Cell, Tis Hazari Courts vide settlement deed dated 30.11.2016

and settled all their disputes amicably.

6. The total settlement amount is ₹7,25,000/-(Rupees Seven Lacs

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

already received an amount of ₹5,00,000/- (Rupees Five Lacs Only). A

demand draft bearing No.897577 dated 11.11.2019 for the balance amount

of ₹2,25,000/- (Rupees Two Lacs Twenty Five Thousand Only) is handed

over to the respondent no. 2 today in the Court.

7. The complainant is present in person with her counsel and has been

identified by SI Rajbir Singh of Police Station Dwarka North and submits

that matter has been settled and she does not wish to prosecute the matter

any further.

8. Taking into account the aforesaid facts, this Court is inclined to quash

the FIR as no useful purpose would be served in prosecuting the petitioner

any further.

9. For the reasons afore-recorded, the FIR No.60/2015 dated 20.01.2015

registered at Police Station Dwarka North and consequent proceedings

emanating therefrom are quashed.

10. The petition is allowed and disposed of accordingly.

11. Order dasti

(SURESH KUMAR KAIT) JUDGE JANAUARY 13, 2020 ms