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HIGH COURT OF DELHI
Date of Decision: 20.01.2020
RAMESH PRASAD & ORS. ..... Petitioners
Through Mr.Rajesh Kumar Passey, Adv. with Mr.Ved Prakash, Adv.
Through Mr. Izhar Ahmed, APP for State.
SI Satyavir Singh PS Kamla Market.
Ms.Ankita Agarwal, Adv. with Mr.Nandlal Kumar Mishra, Adv. for
R-2 with R-2 in person.
JUDGMENT
Crl. M.A. 991/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
3. Vide the present petition, the petitioners seek quashing of FIR No.43/2016 dated 14.02.2016 registered at Police Station Kamla Market and consequent proceedings arising therefrom. 2020:DHC:346
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 02.02.2000 as per Hindu rites and rituals. Two children were born out of the wedlock namely Master Sarthak Parsad on 31.12.2000 and Master Guneet Parsad on 13.01.2005. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from15.04.2016.
7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement before Counselling Cell, Family Court, Saket Courts, New Delhi vide settlement deed dated 30.03.2019 and settled all their disputes amicably.
8. The total settlement amount is ₹9,50,000/-(Rupees Nine Lakhs Fifty Thousand only). It is submitted that the respondent No.2 has already received an amount of ₹6,00,000/- (Rupees Six Lakhs only). Three demand drafts bearing Nos.283189, 283188 & 300954 dated 13.01.2020 for the balance amount of ₹3,50,000/- (Rupees Three Lakhs Fifty Thousand only) is handed over to the respondent No. 2 today in the Court.
9. The complainant/respondent no.2 is present in person with her counsel and has been identified by SI Satyavir Singh of Police Station Kamla Market 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 the FIR as no useful purpose would be served in prosecuting the petitioners any further.
11. For the reasons afore-recorded, the FIR No.43/2016 dated 14.02.2016 registered at Police Station Kamla Market and consequent proceedings emanating therefrom are quashed.
12. The petition is allowed and disposed of accordingly.
13. Order dasti
JUDGE JANUARY 20, 2020 ab