Gaurav Arora & Ors. v. State & Anr.

Delhi High Court · 14 Nov 2019 · 2019:DHC:5946
Suresh Kumar Kait
CRL.M.C. 5750/2019
2019:DHC:5946
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings following an amicable settlement between the parties and the complainant's withdrawal of prosecution.

Full Text
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CRL.M.C.5750/2019
HIGH COURT OF DELHI
Date of Decision: 14.11.2019
CRL.M.C. 5750/2019
GAURAV ARORA & ORS. ..... Petitioners
Through Mr. Sahil Munjal, Ms. Rhea Gandhi Munjal & Mr. Vaibhav Luthra, Advs with petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State SI Narender, PS Paschim Vihar
Mr. Sumit Gaba, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 40098/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 5750/2019

3. Vide the present petition, the petitioners seek quashing of FIR No.274/2013 dated 23.09.2013 registered at Police Station Paschim Vihar and consequent proceedings arising therefrom. 2019:DHC:5946

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 23.10.2012 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 06.11.2012.

7. The petitioner no.1 and respondent no.2 entered into an amicable settlement vide Compromise cum Settlement Deed dated 27.09.2019 and settled all their disputes amicably for a total sum of ₹60 lacs towards full and final settlement of all her claims. Further, out of the above settled amount, ₹20 lacs already stand received by her, ₹ 20 lacs have been deposited by the petitioners before the Family Courts while the balance ₹20 lacs have been handed over to her in the Court today by way of a demand draft bearing no.043198 dated 11.11.2019 drawn on Axis Bank.

8. The complainant is present in person with her counsel and has been identified by SI Narender of Police Station Paschim Vihar 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.274/2013 dated 23.09.2013 registered at Police Station Paschim Vihar and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. The Family Courts is directed to release the amount in favour of the respondent no.2/complainant.

13. Order dasti, under the signature of Court Master.

JUDGE NOVEMBER 14, 2019 sm