Arvinder Singh Kalara & Ors. v. State & Anr.

Delhi High Court · 13 Nov 2019 · 2019:DHC:5913
Suresh Kumar Kait
CRL.M.C. 5742/2019
2019:DHC:5913
criminal petition_allowed

AI Summary

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

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CRL.M.C.5742 HIGH COURT OF DELHI
Date of Decision: 13.11.2019
CRL.M.C. 5742/2019 & CRL.M.A. 40051/2019-Stay
ARVINDER SINGH KALARA & ORS. ..... Petitioners
Through: Mr. Tanuj Arora, Adv. with petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. K K Ghai, APP for State SI Dharmender Kumar & SI Sanjay, P.S. Roop Nagar
Mr. Jujhar Singh, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 40052/2019 (exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
2019:DHC:5913
CRL.M.C. 5742/2019

1. Vide the present petition, the petitioners seek quashing of FIR No.193/2012 dated 19./10.2012 registered at Police Station Roop Nagar, District North Delhi and 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.

4. The petitioner no.1 and respondent no.2 got married on 19.11.2000 as per Sikh rites and rituals. One female child was born out of the wedlock namely Simerpreet Kaur. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately since 2011.

5. The petitioners and respondent no.2 settled all their disputes before the Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 31.05.2018, copy whereof is on record as Annexure P-3.

6. The complainant is present in person with her counsel and has been identified by SI Dharmender Kumar of Police Station Roop Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further. She also admits having received the settled amount of ₹2,50,000/- from the petitioners by way of demand draft no. 086651 dated 05.09.2019 drawn on Syndicate Bank.

7. 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.

8. For the reasons afore-recorded, the No.193/2012 dated 19./10.2012 registered at Police Station Roop Nagar and consequent proceedings therefrom are quashed.

9. The petition is allowed accordingly. Dasti.

JUDGE NOVEMBER 13, 2019 SM