Rakesh Kumar Kwatra & Ors vs.the State & Anr

Rakesh Kumar Kwatra & Ors vs The State & Anr

Type Court Judgment Court Delhi Decided Oct 31, 2019

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https://sooperkanoon.com/case/1226379

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Citation: sooperkanoon.com/1226379
Court: Delhi High Court
Decided On: Oct 31, 2019
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rakesh Kumar Kwatra & Ors

Advocate Mr. N.K. Mishra, Ms. Alka

Respondent

The State & Anr

Advocate Mr. Izhar Ahmad, Mr. Manish Bansal, Ms. Aarti Tyagi

Excerpt

.....no.1 and respondent no.2, they started living separately from 17.04.2011.5. the petitioner no.1 and respondent no.2 have entered into an amicable settlement vide settlement deed dated 29.01.2019 and settled all their disputes amicably.6. the complainant is present in person with her counsel and for her identification purposes, original of her aadhaar (bearing no.7698 4596 0007 ) has been seen and returned. it is submits that matter has been settled and she does not wish to prosecute the matter any further.7. the total settlement amount is ₹7,00,000/-(rupees (seven lakhs). it is submitted that the respondent no.2 has already received an amount of ₹5 lakhs (rupees five lakhs). a demand draft bearing no.870701 dated 30.08.2019 for the balance amount of ₹2,00,000/- (rupees two lakhs) is handed over to the respondent no.2 today in the court.8. 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. crl.m.c.4559/2019 page 2 of 3 9. for the reasons afore-recorded, the fir no.26/2013 dated 23.01.2013 registered at police station - south rohini and consequent proceedings arising therefrom are quashed.10. the petition is allowed accordingly.11. dasti. (suresh kumar kait) judge october31 2019 pb crl.m.c.4559/2019 page 3 of 3

Full Judgment

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:

31. 10.2019 + CRL.M.C. 4559/2019 RAKESH KUMAR KWATRA & ORS Through: Mr. N.K. Mishra and Ms. Alka, Advs. ........ Petitioner

s versus THE STATE & ANR ........ RESPONDENTS

Through: Mr. Izhar Ahmad, APP for State. Mr. Manish Bansal and Ms. Aarti Tyagi, Advs. for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT

(ORAL) 1. Vide the present petition, the petitioners seek quashing of FIR No.26/2013 dated 23.01.2013 registered at Police Station - South Rohini and consequent proceedings arising therefrom.

2. 3. Notice issued. 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. CRL.M.C.4559/2019 Page 1 of 3 4. The petitioner no.1 and respondent no.2 got married on 23.06.2010 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner No.1 and respondent no.2, they started living separately from 17.04.2011.

5. The petitioner No.1 and respondent no.2 have entered into an amicable settlement vide settlement deed dated 29.01.2019 and settled all their disputes amicably.

6. The complainant is present in person with her counsel and for her identification purposes, original of her Aadhaar (bearing No.7698 4596 0007 ) has been seen and returned. It is submits that matter has been settled and she does not wish to prosecute the matter any further.

7. The total settlement amount is ₹7,00,000/-(Rupees (Seven Lakhs). It is submitted that the respondent No.2 has already received an amount of ₹5 lakhs (Rupees Five Lakhs). A demand draft bearing No.870701 dated 30.08.2019 for the balance amount of ₹2,00,000/- (Rupees Two Lakhs) is handed over to the respondent No.2 today in the Court.

8. 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. CRL.M.C.4559/2019 Page 2 of 3 9. For the reasons afore-recorded, the FIR No.26/2013 dated 23.01.2013 registered at Police Station - South Rohini and consequent proceedings arising therefrom are quashed.

10. The petition is allowed accordingly.

11. Dasti. (SURESH KUMAR KAIT) JUDGE OCTOBER31 2019 PB CRL.M.C.4559/2019 Page 3 of 3

Same Court & Year Delhi · 2019 Same Parties Rakesh Kumar Kwatra & Ors vs The State & Anr Same Subject Education