Suresh Kumar & Ors. v. The State Govt of NCT of Delhi & Anr.

Delhi High Court · 06 Apr 2021 · 2021:DHC:1193
Suresh Kumar Kait
CRL.M.C.1062/2021
2021:DHC:1193
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR and proceedings after the parties amicably settled and the complainant withdrew prosecution.

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CRL.M.C.1062/2021
HIGH COURT OF DELHI
Date of Decision: 06th April, 2021
CRL.M.C. 1062/2021
SURESH KUMAR & ORS. .... Petitioners
Through Mr. Deep Chand, Adv.
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR. .... Respondents
Through Mr. G.M. Farooqui, APP for State with SI Kuldeep Singh, PS Punjabi
Bagh R-2 in person with counsel (name not given)
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 5436/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners seek direction for quashing of FIR No.1087/2014 dated 01.12.2014, registered at Police Station Punjabi Bagh, Delhi and consequent proceedings arising therefrom. 2021:DHC:1193

4. Notice issued.

5. 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.

6. Petitioner no.1 and respondent no.2 got married on 29.11.2013. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 22.02.2014.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Memorandum of Understanding for Dissolution of Marriage by mutual consent dated 11.08.2019 and settled all their disputes amicably.

8. A demand draft bearing No.483013 dated 05.04.2021, towards balance settlement amount of ₹2,00,000/- is handed over by the petitioner No.1 to the respondent no. 2 today in the Court.

9. Complainant/respondent No.2 is present in person and has been identified by SI Kuldeep Singh and submits that 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 FIR as no useful purpose would be served in prosecuting petitioners any further.

11. For the reasons afore-recorded, FIR No.1087/2014 dated 01.12.2014, registered at Police Station Punjabi Bagh, Delhi and consequent proceedings emanating therefrom are quashed.

12. The petition is, accordingly, allowed and disposed of.

JUDGE APRIL 06, 2021