Manish Malhotra & Ors. vs State & Anr.
2020 Latest Caselaw 1514 Del

$~59
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 05.03.2020
+      CRL.M.C. 1279/2020
       MANISH MALHOTRA & ORS.                              .... Petitioners
                          Through       Mr.Vinay Kumar Dhingra, Adv.

                          versus

       STATE & ANR.                                       .... Respondents
                          Through       Mr.Hirein Sharma, APP for State with
                                        SI Ankur, PS Tilak Nagar, Delhi
                                        Mr.Bharat Gupta, 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)

Crl. M.A. 4935/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1279/2020

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

FIR No. 1516/2014 dated 7.12.2014 registered at Police Station Tilak Nagar,

Delhi 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 14.04.2013 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioner

No. 1 and respondent No. 2, they started living separately from 20.06.2014.

7. Petitioners and respondent No.2 have entered into an amicable

settlement vide a Memorandum of Settlement dated 22.10.2019 and have

settled all their disputes amicably.

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

Ankur (IO) and submits that matter has been settled and she does not wish to

prosecute the matter any further.

9. The total settlement amount is ₹ 12,50,000/- (Rupees Twelve Lakhs

Fifty Thousand only). It is submitted that respondent No. 2 has already

received an amount of ₹ 6,00,000/- (Rupees Six Lakhs only). A demand

draft bearing No.897942 dated 27.01.2020 for the balance amount of

₹ 6,50,000/- (Rupees Six Lakhs Fifty Thousand only) is handed over to

respondent No. 2 today in the 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

petitioners any further.

11. For the reasons afore-recorded, FIR 1516/2014 dated 7.12.2014

registered at Police Station Tilak Nagar, 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 05, 2020/rk