Ankit Tomar & ORS v. State & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19.12.2019 + CRL.M.C. 6559/2019 ANKIT TOMAR & ORS ..... Petitioners Through Mr.Arun Kumar Rathi, Adv.

versus STATE & ANR ..... Respondents Through Mr.Panna Lal Sharma, APP for State.

W/ASI Krishna, Vikas Puri Traffic circle.

SI Sandeep PS Vikas Puri.

Mr.Anil Dabas, Adv. for R-2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) Crl. M.A. 43041/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

3.

Vide the present petition, the petitioners seek quashing of FIR No.892/2015 dated 20.09.2015 registered at Police Station Vikas Puri and consequent proceedings arising therefrom.

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 20.04.2008 as per Hindu rites and rituals. One child was born out of the wedlock, namely, Master Ansh. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately since March 2013. 7.

The petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Principal Judge, Family Court, Ambala vide settlement deed dated 13.05.2019 and settled all their disputes amicably. The petitioner has agreed to pay Rs.36 lacs towards full and final settlement to the respondent no.2. 8.

The complainant/respondent no.2 is present in person with her counsel and has been identified by W/ASI Krishna of Police Station Vikas Puri and submits that matter has been settled and she does not wish to prosecute the matter any further. However, liberty is granted to respondent no.2/ complainant, if the amount is not paid as per the settlement, the present petition shall be revived.

9.

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.

10.

For the reasons afore-recorded, the FIR No.892/2015 dated 20.09.2015 registered at Police Station Vikas Puri and consequent proceedings emanating therefrom are quashed.

11.

The petition is allowed and disposed of accordingly. 12.

Order dasti (SURESH KUMAR KAIT) JUDGE DECEMBER 19, 2019 ab