Kapil Talwar & Ors. vs State & Anr.
2020 Latest Caselaw 1408 Del

$~42
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:02.03.2020

+      CRL.M.C. 1190/2020
       KAPIL TALWAR & ORS.                              ..... Petitioners
                    Through             Mr.Vinay K Dhingra, Adv.

                          versus

       STATE & ANR.                                      .... Respondents
                          Through       Mr.Panna Lal Sharma, APP for State
                                        SI Dharmvir Singh, PS CWC Nanak
                                        Pura, ND
                                        R-2 in person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 4620/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1190/2020

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

FIR No. 0040/2014 dated 26.02.2014 registered at Police Station CAW

Nanakpura, Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent No. 2,

who is present in Court and with the consent of counsel for parties, present

petition is taken up for final disposal.

6. Petitioner No. 1 and respondent No. 2 got married on 03.07.2011 as

per Hindu rites and rituals. One female child was born out of the said

wedlock, namely Astha. Due to extreme incompatibilities between petitioner

and respondent No. 2, they started living separately from 05.06.2013.

7. Petitioner No. 1 and respondent No. 2, due to intervention of their

well wishers and family members, have entered into an amicable settlement

dated 11.09.2019 and have settled all their disputes amicably.

8. Respondent No. 2 is present in person and she has been identified by

SI Dharmvir Singh (SHO) and submits that matter has been settled and she

does not wish to prosecute the matter any further.

9. The total settlement amount is ₹7,00,000/- (Rupees Seven Lakhs

only). It is submitted that the respondent No. 2 has already received an

amount of ₹4,00,000/- (Rupees Four Lakhs only). A demand draft bearing

No.210697 dated 24.02.2020 for the balance amount of ₹3,00,000/- (Rupees

Three Lakhs only) is handed over to respondent No. 2 today in Court.

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

the present FIR as no useful purpose would be served in prosecuting

petitioner any further.

11. For the reasons afore-recorded, FIR No. 0040/2014 dated 26.02.2014

registered at Police Station CAW Nanakpura, Delhi and consequent

proceedings emanating therefrom are quashed.

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

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE MARCH 02, 2020/rk