Nagesh Nagpal & Ors. vs State & Anr.
2020 Latest Caselaw 259 Del

$~62
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 15.01.2020

+      CRL.M.C. 170/2020
       NAGESH NAGPAL & ORS.                               ..... Petitioners
                   Through:              Mr. B. S. Rana & Mr. Aman Singh,
                                         Advs.
                          versus

       STATE & ANR.                                  ..... Respondent
                          Through:       Mr. Panna Lal Sharma, APP for State
                                         Mr. Pradeep Khatri and Mr. Karan
                                         Bhel, Advs. for R-2
                                         Insp. Arun Dev Nehra, PS Pachim
                                         Vihar, W/ASI Vidya
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 713/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 170/2020

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

33/2018 dated 02.02.2018 registered at Police Station Paschim Vihar 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 29.11.2019 as

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

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

23.07.2016.

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

well wishers and relatives entered into an amicable settlement before the

Counselling Cell, Rohini Courts vide settlement deed dated 06.05.2019 and

settled all their disputes amicably.

8. A demand draft bearing No.000923 dated 08.01.2020 for the balance

amount of ₹8,00,000/- (Rupees Eight Lacs Only) is handed over to the

respondent no.2 today in the Court.

9. The complainant/ respondent no.2 is present in person in the Court

with her counsel and has been identified by W/ASI Vidya of Police Station

Paschim Vihar 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, FIR No. 33/2018 dated 02.02.2018

registered at Police Station Paschim Vihar and consequent proceedings

emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti

(SURESH KUMAR KAIT) JUDGE JANUARY 15, 2020 ms