Rohit Kumar & Ors. vs State & Anr.
2020 Latest Caselaw 221 Del

$~68
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 14.01.2020

+      CRL.M.C. 126/2020
       ROHIT KUMAR & ORS.                                  ..... Petitioners
                          Through       Mr.Suresh Chand Joshi, Adv.

                          versus

       STATE & ANR.                                      ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State.
                                        Mr.Harish Nigam, Adv. for R-2.
                                        Insp.Ghanshyam Kishore ASI
                                        Dineshan PS Mayapuri.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 549/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.126/2020

3. Vide the present petition, the petitioners seek quashing of FIR

No.89/2016 dated 13.02.2016 registered at Police Station Mayapuri and

consequent proceedings arising therefrom.

4. Notice issued.

5. 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.

6. The petitioner no.1 and respondent no.2 got married on 06.11.2011 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately.

7. The petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement before the Family

Court, Delhi vide settlement agreement dated 07.05.2019 and settled all their

disputes amicably.

8. The total settlement amount is ₹8,00,000/-(Rupees Eight Lacs only).

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

₹6 lakhs (Rupees Six Lacs only). A demand draft bearing No.186977 dated

09.01.2020 for the balance amount of ₹2,00,000/- (Rupees Two Lacs only)

is handed over to the respondent No. 2 today in the Court.

9. The complainant/respondent no.2 is present in person with her

counsel and has been identified by ASI Dineshan and submits that matter

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

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

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

petitioners any further.

11. For the reasons afore-recorded, the FIR No.89/2016 dated 13.02.2016

registered at Police Station Mayapuri and consequent proceedings

emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE JANUARY 14, 2020 ab