Gurdeet Gandhi & Ors. vs State & Anr.
2021 Latest Caselaw 941 Del

$~33
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 19.03.2021

+      CRL.M.C. 933/2021
       GURDEET GANDHI & ORS.                               ..... Petitioners
                          Through       Ms.Jyoti Gupta, Adv. with Mr.Rohit
                                        Sain, Adv. with petitioners in person.

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through       Mr. Panna Lal Sharma, APP for State.
                                        SI Ravi PS Kalkaji.
                                        Adv. for R-2 (appearance not given)
                                        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. 4684/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.933/2021

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

FIR No.128/2018 dated 16.04.2018 registered at Police Station Kalkaji 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 29.03.2015 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 06.05.2017.

7. Petitioner no.1 and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide compromise

deed/Panchayati Vivah Viched dated 11.11.2020 and settled all their

disputes amicably.

8. The total settlement amount is Rs.21,00,000/- (Rupees Twenty One

Lakhs only). It is submitted that the respondent no. 2 has already received

an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only). A demand draft

bearing No.755661 dated 09.03.2021 for the balance amount of

Rs.6,00,000/- (Rupees Six Lakhs only) is handed over to the respondent no.

2 today in the Court.

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

identified by SI Ravi of Police Station Kalkaji 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

FIR as no useful purpose would be served in prosecuting petitioners any

further.

11. For the reasons afore-recorded, FIR No.128/2018 dated 16.04.2018

registered at Police Station Kalkaji and consequent proceedings emanating

therefrom are quashed.

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

(SURESH KUMAR KAIT) JUDGE MARCH 19, 2021 ab