Bhupender Kumar & Ors. v. State & Anr.

Delhi High Court · 23 Mar 2021 · 2021:DHC:1059
Suresh Kumar Kait
CRL.M.C.970/2021
2021:DHC:1059
family petition_allowed

AI Summary

The Delhi High Court quashed an FIR and related proceedings in a matrimonial dispute following an amicable settlement and the complainant's decision not to prosecute further.

Full Text
Translation output
CRL.M.C.970/2021
HIGH COURT OF DELHI
Date of Decision: 23rd March, 2021
CRL.M.C. 970/2021
BHUPENDER KUMAR & ORS. .... Petitioners
Through Mr. Pravesh Dabas, Adv.
VERSUS
STATE & ANR. .... Respondents
Through Mr. G.M. Farooqui, APP for State with SI Narender, PS Keshavpuram
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.276/2017, registered at Police Station Keshav Puram and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal. 2021:DHC:1059

4. Petitioner no.1 and respondent no.2 got married on 03.12.2012 as per Hindu rites and rituals. One child was born out of the wedlock namely master “Kartik”. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 16.01.2016.

5. Petitioners and respondent no.2 entered into an amicable settlement vide Memorandum of Understanding-cum-Settlement Deed for mutual Divorce dated 30.10.2018 and settled all their disputes amicably.

6. Complainant/respondent No.2 is present in person and has been identified by SI Narender and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. The total settlement amount is ₹3,50,000/-. A demand draft bearing No.502539 dated 16.02.2021, for the balance amount of ₹1,00,000/- 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 FIR as no useful purpose would be served in prosecuting petitioners any further.

9. For the reasons afore-recorded, FIR No.276/2017, registered at Police Station Keshav Puram and consequent proceedings emanating therefrom are quashed.

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

JUDGE MARCH 23, 2021