CRL.M.C./4559/2019 of RAKESH KUMAR KWATRA & ORS Vs THE STATE & ANR

Court: Delhi High Court
Decision date: 2019-10-31
Case number: 4559/2019

Parties

RAKESH KUMAR KWATRA & ORS (PETITIONER)
THE STATE & ANR (RESPONDENT)

Cites (1)

TEST.CAS./31/2003 of MOHINDER SINGH Vs THE STATE AC+ (2017)

Full text

solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus

Show all Body

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 31.10.2019

CRL.M.C. 4559/2019

RAKESH KUMAR KWATRA & ORS ..... Petitioners Through: Mr. N.K. Mishra and Ms. Alka, Advs.

versus

THE STATE & ANR ..... Respondents Through: Mr. Izhar Ahmad, APP for State. Mr. Manish Bansal and Ms. Aarti Tyagi, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U M N T (ORAL)

1.Vide the present petition, the petitioners seek quashing of FIR No. –26/2013 dated 23.01.2013 registered at Police Station South Rohini and

consequent proceedings arising therefrom.

2.Notice issued.

3.Notice is accepted by learned APP for the State and counsel for the

respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. present petition is taken up for final disposal.

4.The petitioner no.1 and respondent no.2 got married on 23.06.2010 as

per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner no. 1 and respondent no.2, they started living separately from 17.04.2011.

5.The petitioner no. 1 and respondent no.2 have entered into an amicable settlement vide settlement deed dated 29.01.2019 and settled all their disputes amicably.

6.The complainant is present in person with her counsel and for her identification purposes, original of her Aadhaar (bearing No. 7698 4596

0007 ) has been seen and returned. It is submits that matter has been settled and she does not wish to prosecute the matter any further.

7.The total settlement amount is ₹7,00,000/-(Rupees (Seven Lakhs). It is submitted that the respondent No. 2 has already received an amount of ₹5 lakhs (Rupees Five Lakhs). demand draft bearing No.870701 dated 30.08.2019 for the balance amount of ₹2,00,000/- (Rupees Two Lakhs) is handed over to the respondent No. 2 today in the Court.

8.Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

9.For the reasons afore-recorded, the FIR No. 26/2013 dated 23.01.2013 ––registered at Police Station South Rohini and consequent proceedings arising therefrom are quashed. arising therefrom are quashed.

10.The petition is allowed accordingly.

11.Dasti.

(SURESH KUMAR KAIT) JUDGE

OCTOBER 31, 2019 PB