Lily Dutta & Ors vs State & Anr
2020 Latest Caselaw 1569 Del

$~17
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 11.03.2020

+      CRL.M.C. 340/2020 & Crl.M.A. 1470/2020


       LILY DUTTA & ORS                                ..... Petitioners
                     Through          Mr. Alok Sharma with Ms. Harsha
                                      Sharma, Advs.

                         versus


       STATE & ANR                                       ..... Respondents
                         Through      Mr. Izhar Ahmed, APP for State
                                      SI Jatan Singh, PS Mansarovar Park
                                      Mr. Vivek Sharma, Adv. 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)

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

FIR No.558/2015 dated 28.11.2015 registered at Police Station Mansarovar

Park 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.3 and respondent no.2 got married on 09.07.2011 as per

Hindu rites and rituals. One female child, namely Devopriya, was born on

21.07.2014 from this wedlock. Due to extreme incompatibilities between

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

08.12.2013.

5. Petitioner no.3 and respondent no.2 have entered into an amicable

settlement before the Ld. Principal Judge, Family Courts, Karkardooma

Shahdara, Delhi vide settlement deed dated 22.06.2019 and settled all their

disputes amicably.

6. A demand draft bearing No.682112 dated 13.01.2020 for the balance

amount of ₹4,00,000/- (Rupees Four Lacs only) is handed over to

respondent no. 2 today in the Court.

7. Complainant is present in person and has been identified by SI Jatan

Singh of Police Station PS Mansarovar Park and submits that matter has

been settled and she does not wish to prosecute the matter any further.

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.558/2015 dated 28.11.2015

registered at Police Station Mansarovar Park and consequent proceedings

emanating therefrom are quashed.

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

11. Pending application stands disposed of.

12. Order dasti

(SURESH KUMAR KAIT) JUDGE MARCH 11, 2020 ms