Sunir Garg & Ors. vs Govt Of Nct Delhi & Anr.
2020 Latest Caselaw 2079 Del

$~5
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 30.06.2020
+     CRL.M.C. 1541/2020 (URGENT)
      SUNIR GARG & ORS.                                  ..... Petitioners
                           Through     Dr. Anurag Kumar Agarwal, Adv.
                           versus

      GOVT. OF NCT DELHI & ANR.                ..... Respondents
                    Through  Mr. Izhar Ahmed, APP for the State.
                             Mr. Kapil Goyal, Adv. for
                             respondent No.2 with respondent
                             No.2 present through VC
      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                    J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction for quashing of

FIR No.0257/2017 dated 30.05.2017, registered at Police Station Shahdara,

Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for

respondent no.2 and with the consent of counsel for parties, present petition

is taken up for final disposal.

4. Petitioner no.1 and respondent no.2 got married on 08.12.2012 as per

Hindu rites and rituals. One child was born out of the wedlock namely

Master Kabir Gupta. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 07.04.2014.

5. Petitioners and respondent no.2 entered into an amicable settlement

vide a Settlement Deed dated 18.01.2020 and settled all their disputes

amicably.

6. Respondent no.2 is personally present in Court through video

conferencing and has been identified by counsel for petitioners and submits

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

any further.

7. The total settlement amount is Rs.1,25,00,000/- Rupees (One Crore

Twenty Five Lakhs only). It is submitted that the respondent no.2 has

already received an amount of Rs.50,00,000/- (Rupees Fifty Lakhs only). A

demand draft bearing No.168754 dated 29.06.2020 for an amount of

Rs.25,00,000/- (Rupees Twenty Five Lakhs only) in the name of respondent

no.2 is handed over to the respondent no.2. Another demand draft bearing

No.168755 dated 29.06.2020 for an amount of Rs.50,00,000/- (Rupees Fifty

Lakhs only) in the name of child, namely, Kabir Gupta is handed over to

respondent no.2 towards the balance amount which shall be kept into an

FDR and encashed at the time when the child attains majority.

8. Taking into account the aforesaid facts, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioners any

further.

9. For the reasons afore-recorded, FIR No.0257/2017 dated 30.05.2017,

registered at Police Station Shahdara, Delhi and consequent proceedings

emanating therefrom are quashed.

10. The petition is, accordingly, allowed and disposed of.

11. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email.

(SURESH KUMAR KAIT) JUDGE JUNE 30, 2020/rk