Full Text
HIGH COURT OF DELHI
Date of Decision: 22.01.2020
UJJAWAL KUMAR JHA & ORS ..... Petitioners
Through: Mr. Pradeep Kumar Singh, Adv.
Through: Mr. Panna Lal Sharma, APP for State with ASI Saroj, PS – Chhawla
R-2 in person
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application is disposed of. CRL.M.C. 328/2020
3. Vide the present petition, the petitioners seek quashing of FIR NO. 204/2017 dated 25.05.2017 registered at Police Station - Chhawla and consequent proceedings arising therefrom.
4. Notice issued. 2020:DHC:447
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 13.05.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 30.04.2016.
7. The petitioners and respondent no.2 have entered into an amicable settlement before the Mediation Centre, Family Court, Dwarka, New Delhi on 03.05.2018 and settled all their disputes amicably. The total settlement amount is ₹2,50,000/-(Rupees Two Lakhs Fifty Thousand). It is submitted that the respondent no. 2 has already received an amount of ₹1,75,000/- (Rupees One Lakh Seventy Five Thousand). Two demand drafts bearing Nos. 577054, 962281 dated 02.12.2019, 10.01.2020 drawn on State Bank of India and Canara Bank for amounts of Rs.30,000/- (Rupees Thirty Thousand) and Rs.45,000/- (Rupees Forty Five Thousand), respectively are handed over to the respondent no. 2 today in the Court.
8. The complainant/ respondent No. 2 is present in person with her counsel and has been identified by ASI Saroj of Police Station – Chhawla and submits that matter has been settled and she does not wish to prosecute the matter any further.
9. 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.
10. For the reasons afore-recorded, the FIR No. 204/2017 dated 25.05.2017 registered at Police Station - Chhawla and consequent proceedings arising therefrom are quashed.
11. The petition is allowed and disposed of accordingly. Dasti.
JUDGE JANUARY 22, 2020 PB