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HIGH COURT OF DELHI
Date of Decision: 06.12.2019
AJAY KAUSHIK & ORS. ..... Petitioners
Through Mr. Rahul Nagpal, Adv. with petitioners in person
Through Mr. K K Ghei, APP for State SI. Ashok, PS Farsh Bazar
Mr. Jitender Singh, Adv. for R-2 with R-2 in person
JUDGMENT
Crl. M.A. 42058/2019
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
3. Vide the present petition, the petitioners seek quashing of FIR NO. 884/2014 dated 13.11.2014 registered at Police Station Farsh Bazar and consequent proceedings arising therefrom. 2019:DHC:6705
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 23.06.2006 as per Hindu rites and rituals. Out of the said wedlock, one child namely Nidhi Kaushik was born. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.
7. The petitioner no.1 and respondent no.2 have settled all their disputes amicably before the Mediation and Conciliation Centre, Karkardooma Courts, Delhi, whereby the petitioners have agreed to pay against a sum of ₹15 lacs to respondent No. 2 towards all her claims. Out of the total settlement amount of ₹ 15 lacs, ₹ 10 lacs have already been received by the respondent no.2 and the balance ₹5 lacs have been handed over to her by the petitioner no.1 in the Court today by way of a demand draft bearing no.154422 dated 04.12.2019 drawn on Punjab & Sind Bank.
8. The complainant/respondent no.2 is present in person with her counsel and has been identified by SI Ashok of Police Station Farsh Bazar and submits that the 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 concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.
10. For the reasons afore-recorded, the FIR No. 884/2014 dated 13.11.2014 registered at Police Station Farsh Bazar and consequent proceedings emanating therefrom are quashed.
11. The petition is allowed accordingly.
12. Order dasti.
JUDGE DECEMBER 06, 2019 sm