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HIGH COURT OF DELHI
Date of Decision: 15.01.2020
RAMESH KUMAR & ORS ..... Petitioners
Through: Mr. Amit Gaba, Adv.
Through: Mr. Izhar Ahmad, APP for State with
SI Yogesh Dahiya, PS – Adarsh
Nagar Mr. A.P. Dubey, Adv. for R-2 with R-2 in person
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
3. Vide the present petition, the petitioners seek quashing of FIR NO. 190/2018 dated 28.07.2018 registered at Police Station – Adarsh Nagar, Delhi and consequent proceedings arising therefrom. 2020:DHC:243
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 04.03.2017, as per the Hindu rites and rituals. Due to extreme incompatibilities between the petitioner No. 1 and respondent no.2, they started living separately from 26.08.2017.
7. The petitioners and respondent no. 2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 28.08.2019 and settled all their disputes amicably.
8. The total settlement amount is ₹19,50,000/-(Rupees Nineteen Lakhs Fifty Thousand). It is submitted that the respondent No. 2 has already received an amount of ₹12,00,000/- (Rupees Twelve Lakhs). A demand draft bearing No. 830031 dated 13.01.2020 drawn on Kotak Mahindra Bank, Rajouri Garden Branch for the balance amount of ₹7,50,000/- (Rupees Seven Lakhs Fifty Thousand) 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 Yogesh Dahiya of Police Station – Adarsh Nagar 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. 190/2018 registered at Police Station – Adarsh Nagar, Delhi and consequent proceedings arising therefrom are quashed.
12. The petition is allowed and disposed of accordingly. Dasti.
JUDGE JANUARY 15, 2020 PB