Rohit Agarwal v. State & Anr.

Delhi High Court · 13 Jan 2020 · 2020:DHC:179
Suresh Kumar Kait
CRL.M.C. 6309/2019
2020:DHC:179
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings against the petitioner following an amicable settlement and withdrawal of prosecution by the complainant.

Full Text
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CRL.M.C. 6309/2019
HIGH COURT OF DELHI
Date of Decision: 13.01.2020
CRL.M.C. 6309/2019
SH. ROHIT AGARWAL ..... Petitioner
Through Mr. Kamaldeep Singh, Mr. Vivek, Mr. Kuldeep Singh and Mr. Naresh Yadav, Advs. with petitioner in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Hirein Sharma, APP for State SI Rajbir Singh, SI Jagdish Chander, SI Krishan Gopal
Mr. Balwant Singh Billowaria, Adv. for R-2 with Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks quashing of FIR No.60/2015 dated 20.01.2015 registered at Police Station Dwarka North, 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. 2020:DHC:179

4. The petitioner and respondent no.2 got married on 29.05.2010 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner and respondent no.2, they started living separately from 22.05.2013.

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Tis Hazari Courts vide settlement deed dated 30.11.2016 and settled all their disputes amicably.

6. The total settlement amount is ₹7,25,000/-(Rupees Seven Lacs Twenty Five Thousand only). It is submitted that the respondent no.2 has already received an amount of ₹5,00,000/- (Rupees Five Lacs Only). A demand draft bearing No.897577 dated 11.11.2019 for the balance amount of ₹2,25,000/- (Rupees Two Lacs Twenty Five Thousand Only) is handed over to the respondent no. 2 today in the Court.

7. The complainant is present in person with her counsel and has been identified by SI Rajbir Singh of Police Station Dwarka North and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioner any further.

9. For the reasons afore-recorded, the FIR No.60/2015 dated 20.01.2015 registered at Police Station Dwarka North and consequent proceedings emanating therefrom are quashed.

10. The petition is allowed and disposed of accordingly.

11. Order dasti

JUDGE JANAUARY 13, 2020 ms