Ujjawal Kumar Jha & Ors vs State (Gnct Of Delhi) & Anr
2020 Latest Caselaw 427 Del

$~56
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 22.01.2020

+      CRL.M.C. 328/2020
       UJJAWAL KUMAR JHA & ORS              ..... Petitioners
                   Through: Mr. Pradeep Kumar Singh, Adv.

                          versus

       STATE (GNCT OF DELHI) & ANR               ..... Respondents
                     Through: Mr. Panna Lal Sharma, APP for State
                               with ASI Saroj, PS - Chhawla
                               R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 1405/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 328/2020

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

204/2017 dated 25.05.2017 registered at Police Station - Chhawla 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 13.05.2013 as

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

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

30.04.2016.

7. The petitioners and respondent no.2 have entered into an amicable

settlement before the Mediation Centre, Family Court, Dwarka, New Delhi

on 03.05.2018 and settled all their disputes amicably. The total settlement

amount is ₹2,50,000/-(Rupees Two Lakhs Fifty Thousand). It is submitted

that the respondent no. 2 has already received an amount of ₹1,75,000/-

(Rupees One Lakh Seventy Five Thousand). Two demand drafts bearing

Nos. 577054, 962281 dated 02.12.2019, 10.01.2020 drawn on State Bank of

India and Canara Bank for amounts of Rs.30,000/- (Rupees Thirty

Thousand) and Rs.45,000/- (Rupees Forty Five Thousand), respectively are

handed over to the respondent no. 2 today in the Court.

8. The complainant/ respondent No. 2 is present in person with her

counsel and has been identified by ASI Saroj of Police Station - Chhawla

and submits that matter has been settled and she does not wish to prosecute

the matter any further.

9. 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.

10. For the reasons afore-recorded, the FIR No. 204/2017 dated

25.05.2017 registered at Police Station - Chhawla and consequent

proceedings arising therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 22, 2020 PB