Harveen Singh Giroti & Ors vs State & Anr

Suresh Kumar Kait, J

Vide the present petition, petitioners seek direction for quashing of FIR No.217/2016 dated 08.03.2016 registered at Police Station Moti Nagar and consequent proceedings arising therefrom.

Notice issued.

Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.

Petitioner no.1 and respondent no.2 got married on 04.12.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Master Samarth Singh. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 23.04.2018 and settled all their disputes amicably.

The total settlement amount is Rs. 6,50,000/-(Rupees Six Lakhs Fifty Thousand only). It is submitted that the respondent no.2 has already received an amount of Rs. 4,00,000/- (Rupees Four Lakhs only). A demand draft bearing No.721902 dated 11.02.2021 for the balance amount of Rs. 2,50,000/-(Rupees Two Lakhs Fifty Thousand only) is handed over to the respondent no. 2 today in the Court.

Complainant/respondent no.2 is present in person and has been identified by SI Raj Kumar of Police Station Moti Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further.

Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

For the reasons afore-recorded, FIR No.217/2016 dated 08.03.2016 registered at Police Station Moti Nagar and consequent proceedings emanating therefrom are quashed.

The petition is, accordingly, allowed and disposed of.