Mohit Sareen @ Sarin & Anr. vs State & Anr.
2020 Latest Caselaw 292 Del

$~54
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 16.01.2020

+      CRL.M.C. 188/2020
       MOHIT SAREEN @ SARIN & ANR.           ..... Petitioners
                    Through: Mr. Dharmender Sharma, Adv.

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through:      Mr. Kamal Kumar Ghai, APP for
                                        State with Vikash, PS - Binda Pur, SI
                                        Balu Ram/IO, presently posted at PS
                                        - Sector - 23, Dwarka
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 801/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 188/2020

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

0335/2018 dated 26.04.2018 registered at Police Station - Binda Pur, New

Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State.

6. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

7. The petitioner no.1 and respondent no.2 got married on 08.02.2014 as

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

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

24.03.2017.

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

wishers and relatives entered into an amicable settlement vide settlement

deed dated 01.02.2019 and settled all their disputes amicably. The total

settlement amount is ₹5,50,000/-(Rupees Five Lakhs Fifty Thousand). . It is

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

₹3,00,000/- (Rupees Three Lakhs). A demand draft bearing No.012147

dated 17.12.2019 for the balance amount of ₹2,50,000/- (Rupees Two 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 - Balu Ram/ main IO 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. 0335/2018 dated

26.04.2018 registered at Police Station - Binda Pur and consequent

proceedings arising therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 16, 2020 PB