Jeetu Kataria & Ors. vs State & Anr.
2020 Latest Caselaw 405 Del

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

                                                   Date of decision: 21.01.2020

+      CRL.M.C. 278/2020
       JEETU KATARIA & ORS.                              ..... Petitioners
                    Through:             Mr. Abraham, Adv.

                           versus

       STATE & ANR.                                         ..... Respondents
                           Through:      Mr. Izhar Ahmed, APP for State with
                                         SI Vikram Singh, PS - Hari Nagar
                                         Mr. Jatin Teotia, 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)

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

1110/2015 dated 23.10.2015 registered at Police Station - Punjabi Bagh,

Delhi and 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 no.1 and respondent no.2 got married on 29.01.2015 as

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

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

23.05.2015.

5. The petitioner no. 1 and respondent no.2 have entered into an

amicable settlement vide Memorandum of Understanding dated 14.03.2019

and settled all their disputes amicably. The total settlement amount is

₹8,20,000/-(Rupees Eight Lakhs Twenty Thousand only). It is submitted

that the respondent no. 2 has already received an amount of ₹5,70,000/-

(Rupees Five Lakhs Seventy Though). A demand draft bearing No.715693

dated 20.01.2020 for the balance amount of ₹2,50,000/- (Rupees Two Lakhs

Fifty Thousand) drawn on SBI, Asaf Ali Road Branch is handed over to the

respondent no. 2 today in the Court.

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

identified by SI - Vikram Singh and submits that matter has been settled and

she does not wish to prosecute the matter any further.

7. 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.

8. For the reasons afore-recorded, the FIR No1110/2015 dated

23.10.2015 registered at Police Station - Punjabi Bagh, Delhi and

consequent proceedings arising therefrom are quashed.

9. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 21, 2020 PB