$~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
