Parvez Alam & Ors vs State & Anr
2020 Latest Caselaw 1647 Del

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

                                                  Date of decision: 16.03.2020

+      CRL.M.C. 1432/2020
       PARVEZ ALAM & ORS                                   .... Petitioners
                          Through       Mr. Pranesh, Adv. with petitioners in
                                        person
                          versus

       STATE & ANR                                        ..... Respondents
                          Through       Mr.Panna Lal Sharma, APP for State
                                        with Insp. Kamlesh, PS Sadar Bazar
                                        Mr. R.K. Thakur, 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. 5518/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 1432/2020

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

FIR No.62/2014 dated 07.02.2014 registered at Police Station Sadar Bazaar,

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 09.03.2012 as per

Muslim rites and rituals. Due to extreme incompatibilities between

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

07.05.2013.

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

settlement before the Counselling Cell, Principal Judge (Central), Tis Hazari

Courts, Delhi vide settlement deed dated 10.04.2018 and have settled all

their disputes amicably.

8. As per the settlement deed, the total settlement amount is ₹2,65,000/-

(Two Lakhs Sixty Five Thousand Only). It is submitted that respondent

No.2 has already received an amount of ₹65,000/- (Rupees Sixty Five

Thousand Only). A demand draft bearing No.229084 dated 13.03.2020 for

the balance amount of ₹2,00,000/- (Rupees Two Lakhs Only) is handed

over to respondent No.2 today in Court.

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

Kamlesh (IO) 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

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

petitioners any further.

11. For the reasons afore-recorded, FIR No.62/2014 dated 07.02.2014

registered at Police Station Sadar Bazaar, Delhi 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 16, 2020/ab