Joginder Singh & Ors. vs State & Anr.
2020 Latest Caselaw 1588 Del

$~54
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Date of decision: 12.03.2020

+      CRL.M.C. 271/2020
       JOGINDER SINGH & ORS.                             ..... Petitioners
                           Through    Mr.Avnish Yadav, Adv.

                           versus

       STATE & ANR.                                    ..... Respondents
                           Through    Mr.Izhar Ahmed, APP for State.
                                      SI Lokesh Singh PS S P Badli.
                                      Mr.Raj Kumar, 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)

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

FIR No.463/2016 dated 16.05.2016 registered at Police Station Samaipur

Badli 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 07.02.2006 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 26.08.2014.

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

wishers and relatives entered into an amicable settlement before the Delhi

Mediation Centre, Rohini District Courts, Delhi vide settlement deed dated

12.04.2018 and settled all their disputes amicably.

6. The total settlement amount is ₹8,15,000/-(Rupees Eight Lakhs

Fifteen Thousand only). It is submitted that respondent no.2 has already

received an amount of ₹4,15,000/- (Rupees Four Lakhs Fifteen Thousand

only) and a demand draft bearing No.190406, dated 18.02.2020, for the

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

respondent no. 2 today in the Court.

7. Complainant/respondent no.2 is present in person and has been

identified by SI Lokesh Singh/IO and submits that matter has been settled

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

8. In view of above, this Court is inclined to quash foregoing FIR as no

useful purpose would be served in prosecuting petitioners any further.

9. For the reasons afore-recorded, FIR No.463/2016 dated 16.05.2016

registered at Police Station Samaipur Badli and consequent proceedings

emanating therefrom are hereby quashed.

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

11. Order dasti.

(SURESH KUMAR KAIT) JUDGE MARCH 12, 2020 ab