Full Text
HIGH COURT OF DELHI
Date of Decision: 20.02 .2020
SH. KAPIL BAKSHI & ANR. .... Petitioners
Through Mr.Mohit Bangwal, proxy counsel
Through Mr. Izhar Ahmed, APP for State with SI Ajay Tomar, PS Shakarpur
R-2 in person
JUDGMENT
Crl. M.A. 3900/2020 (for exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of. Crl. M.A. 3901/2020
3. In view of reasons stated in application, delay of 13 days in re-filing petition is condoned.
4. Application is, accordingly, allowed and disposed of.
5. Vide the present petition, petitioners seek direction for quashing of 2020:DHC:1269 FIR No.687/2016 dated 16.7.2016 registered at Police Station Shakarpur, Delhi and consequent proceedings arising therefrom.
6. Notice issued.
7. 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.
8. Petitioner no.1 and respondent no.2 got married on 14.04.2010 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from September, 2015.
9. Petitioners and respondent no.2 entered into an amicable settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 4.8.2018 and settled all their disputes amicably.
10. Respondent No.2 is present in person and has been identified by SI Ajay Tomar (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.
11. The total settlement amount is ₹6,00,000/-(Rupees Six Lakhs only). It is submitted that the respondent no. 2 has already received an amount of ₹4,50,000/- (Rupees Four Lakhs Fifty Thousand only). A demand draft bearing No.433723 dated 3.1.2020 for an amount of Rs.1,40,000/- (Rupees One Lakh Forty Thousand only) is handed over to respondent no. 2 and an amount of Rs.10,000/- (Rupees Ten Thousand only) in cash is also paid to the respondent No.2 today in Court towards the balance amount.
12. 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.
13. For the reasons afore-recorded, FIR No.687/2016 dated 16.7.2016 registered at Police Station Shakarpur, Delhi and consequent proceedings emanating therefrom are quashed.
14. The petition is, accordingly, allowed and disposed of.
15. Order dasti
JUDGE FEBRUARY 20, 2020