Vikas Sharma & Anr. v. State & Anr.

1. Vide the present petition, the petitioners seek quashing of FIR NO. 487/2015 dated 12.04.2015 registered at Police Station – Rajouri Garden 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.

4. With the consent of the counsel for the parties, the present petition is taken up for final disposal. 2019:DHC:5071

5. The petitioner no.1 and respondent no.2 got married on 28.10.2009 as per Hindu rites and rituals. One child was born out of the wedlock, namely, Kamakshi Sharma.

6. The petitioner No. 1 and respondent no.2 have entered into an amicable settlement vide settlement deed dated 17.05.2017 and settled all their disputes amicably.

7. The total settlement amount is ₹17,00,000/-(Rupees Seventeen Lakhs). It is submitted that the respondent No. 2 has already received an amount of ₹11,00,000/- (Rupees Eleven lakhs). Two demand drafts bearing Nos. 027903 and 027904, both dated 27.09.2019, drawn on Bank of Baroda for the balance amount of ₹6,00,000/- (Rupees Six Lakhs) i.e. for ₹3,00,000/- (Rupees Three Lakhs) each are handed over to the respondent No. 2 today in the Court.

8. The complainant is present in person with her counsel and has been identified by SI – Sumitra Sharma and submits that 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. 487/2015 dated 12.04.2015 registered at Police Station – Rajouri Garden and consequent proceedings arising therefrom are hereby quashed.

11. The petition is allowed accordingly.

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

JUDGE OCTOBER 01, 2019 PB