Ramesh Kumar & Ors vs The State & Anr
2020 Latest Caselaw 258 Del

$~57
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 15.01.2020
+      CRL.M.C. 163/2020
       RAMESH KUMAR & ORS                                ..... Petitioners
                  Through:              Mr. Amit Gaba, Adv.

                          versus

       THE STATE & ANR                                    ..... Respondents
                     Through:           Mr. Izhar Ahmad, APP for State with
                                        SI Yogesh Dahiya, PS - Adarsh
                                        Nagar
                                        Mr. A.P. Dubey, 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. 690/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 163/2020

3. Vide the present petition, the petitioners seek quashing of FIR No.

190/2018 dated 28.07.2018 registered at Police Station - Adarsh Nagar,

Delhi 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 04.03.2017, as

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

petitioner No. 1 and respondent no.2, they started living separately from

26.08.2017.

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

well wishers and relatives entered into an amicable settlement vide

settlement deed dated 28.08.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹19,50,000/-(Rupees Nineteen Lakhs

Fifty Thousand). It is submitted that the respondent No. 2 has already

received an amount of ₹12,00,000/- (Rupees Twelve Lakhs). A demand

draft bearing No. 830031 dated 13.01.2020 drawn on Kotak Mahindra Bank,

Rajouri Garden Branch for the balance amount of ₹7,50,000/- (Rupees

Seven Lakhs Fifty Thousand) is handed over to the respondent No. 2 today

in the Court.

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

identified by SI Yogesh Dahiya of Police Station - Adarsh Nagar 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 FIR as no useful purpose would be served in prosecuting the petitioners

any further.

11. For the reasons afore-recorded, the FIR No. 190/2018 registered at

Police Station - Adarsh Nagar, Delhi and consequent proceedings arising

therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 15, 2020 PB