CRL.M.C./6638/2019 of RAJIV KUMAR GUPTA & ANR. Vs STATE & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 23.12.2019

+ CRL.M.C. 6638/2019

RAJIV KUMAR GUPTA & ANR.

..... Petitioners Through Mr. Sandeep Garusa with Mr. Ajay Kumar, Advs. Kumar, Advs.

versus

STATE & ANR.

..... Respondents

Through Mr.Kamal Kr. Ghai, APP for State. SI Ajay Pal, PS Madhu Vihar, ASI Brijeshwar Dayal, CAW Cell/East. Mr. Sushil Thakur, Adv. for R-2SI Ajay Pal, PS Madhu Vihar, ASI Brijeshwar Dayal, CAW Cell/East. Mr. Sushil Thakur, Adv. for R-2

CORAM:HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U M N T (ORAL)

Crl. M.A. 43286/2019

1.Allowed, subject to all just exceptions.

2.Application is disposed of.

CRL.M.C. 6638/2019

3.Vide the present petition, the petitioners seek quashing of FIR No.

396/2016 dated 26.08.2016 registered at Police Station Pandav Nagar and

consequent proceedings arising therefrom.

4.Notice issued.

5.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.

6.The petitioner no.1 and respondent no.2 got married on 06.07.2014 as

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

7.The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide mutual settlement/agreement executed on 02.05.2019 and settled all their disputes amicably.

8.The total settlement amount is ₹32,00,000/-(Rupees Thirty Two

Lakhs only). It is submitted that the respondent no.2 has already received an amount of ₹23,00,000/- (Rupees Twenty Three Lakhs Only). demand draft bearing No.780084 dated 16.12.2019 for the balance amount of ₹9,00,000/- (Rupees Nine Lakhs Only) is handed over to the respondent No. 2 today in the Court.

9.The complainant is present in person with her counsel and has been identified by SI Ajay Pal of Police Station Madhu Vihar and submits that

CRL.M.C. 6638/2019

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

11.For the reasons afore-recorded, the FIR No.396/2016 dated 26.08.2016 registered at Police Station Pandav Nagar and consequent proceedings emanating therefrom are quashed.

12.The petition is allowed and disposed of accordingly.

13.Order dasti.

DECEMBER 23, 2019 ab

(SURESH KUMAR KAIT) JUDGE

CRL.M.C. 6638/2019