Shri Gaurav Kaila & Ors vs State (Nct Of Delhi) & Anr
2020 Latest Caselaw 1410 Del

$~35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 02.03.2020

+      CRL.M.C. 1176/2020
       SHRI GAURAV KAILA & ORS                  ..... Petitioners
                    Through  Mr. Ajit Pratap Singh, Adv. with
                             petitioners

                          versus

       STATE (NCT OF DELHI) & ANR                 ..... Respondent
                     Through   Mr. Izhar Ahmed, APP for State
                               W/SI Babita, PS Rajouri Garden
                               Mr. Varun Chawla with Ms. Atithya,
                               Advs. for R-2 with respondent no.2 in
                               person

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 4588/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 1176/2020

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

FIR No. 546/2018 dated 31.08.2018 registered at Police Station Rajouri

Garden and consequent proceedings arising therefrom.

4. Notice issued.

5. 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.

6. Petitioner no.1 and respondent no.2 got married on 20.04.2016 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 21.03.2017.

7. Petitioners and respondent no.2 with the intervention of their well

wishers and relatives have entered into an amicable settlement vide

Memorandum of Understanding dated 23.01.2020 and settled all their

disputes amicably.

8. A demand draft bearing No.012564 dated 19.02.2020 for the balance

amount of ₹8,00,000/- (Rupees Eight Lacs Only ) is handed over to

respondent no. 2 today in the Court.

9. Complainant is present in person, who has been identified by WSI

Babita of Police Station Rajouri Garden, 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

aforementioned FIR as no useful purpose would be served in prosecuting

petitioners any further.

11. For the reasons afore-recorded, FIR No. 546/2018 dated 31.08.2018

registered at Police Station Rajouri Garden and consequent proceedings

emanating therefrom are hereby quashed.

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

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE MARCH 02, 2020 ms