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Jagjeet Singh & Ors vs The State & Anr on 10 January, 2020

$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 10.01.2020

+ CRL.M.C. 92/2020
JAGJEET SINGH ORS ….. Petitioner
Through: Mr.Puneet Khurana, Adv. with
Mr.Chandan Chawla, Adv.

versus

THE STATE ANR ….. Respondents
Through: Mr. Hirein Sharma, APP for State.
Mrs.Brijinder Khurana, Adv. for R-2
with R-2 in person.

CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (ORAL)

Crl. M.A. 395/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.92/2020

3. Vide the present petition, the petitioners seek quashing of FIR

No.42/2013 dated 16.03.2013 registered at Police Station Gulabi

Bagh/Pratap Bagh instituted for the offences punishable under Sections

498A/406/34 of the IPC and consequent proceedings arising therefrom.

CRL.M.C.92/2020 Page 1 of 3

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 25.10.2009 as

per Sikh rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they have started living separately from

05.06.2012.

7. The petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide MOU dated

18.09.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹15,00,000/-(Rupees Fifteen Lakhs

only). It is submitted that the respondent no. 2 has already received an

amount of ₹10 lakhs (Rupees Ten Lacs only). A demand draft bearing

No.008241 dated 29.11.2019 for the balance amount of ₹5,00,000/- (Rupees

Five Lacs only) is handed over to the respondent No. 2 today in the Court.

9. The complainant/respondent no.2 is present in person with her

counsel and has produced her Aadhar Card issued by Government of India

bearing no.367645752088 (original seen and returned) and submits that

CRL.M.C.92/2020 Page 2 of 3
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.42/2013 dated 16.03.2013

registered at Police Station Gulabi Bagh/Pratap Bagh instituted for the

offences punishable under Sections 498A/406/34 of the IPC and consequent

proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

(SURESH KUMAR KAIT)
JUDGE
JANUARY 10, 2020
ab

CRL.M.C.92/2020 Page 3 of 3

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