Rohan Kapoor & Ors. v. The State (NCT of Delhi) & Anr.

Delhi High Court · 03 Mar 2021 · 2021:DHC:813
Suresh Kumar Kait
CRL.M.C.336/2021
2021:DHC:813
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings under Section 482 CrPC following an amicable settlement between estranged spouses and the complainant's unwillingness to prosecute.

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CRL.M.C.336/2021
HIGH COURT OF DELHI
Date of Decision: 03.03.2021
CRL.M.C. 336/2021 & Crl.M.A.1738/2021
ROHAN KAPOOR & ORS. ..... Petitioners
Through Mr.Varun Mittal, Adv. with petitioners in person.
VERSUS
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
W/SI Suman PS Rohini (North)
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.108/2015 dated 04.02.2015 registered at Police Station North Rohini 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:813

4. Petitioner no.1 and respondent no.2 got married on 14.11.2013 as per Hindu rites and rituals. One male child was born out of the wedlock namely Master Aadvik. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 27.05.2014.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, North/West, Rohini, Delhi vide settlement deed dated 03.10.2019 and settled all their disputes amicably.

6. Complainant/respondent no.2 is present in person and has been identified by W/SI Suman of Police Station Rohini (North) and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. The total settlement amount is ₹18,90,000/-. It is submitted that the respondent no. 2 has already received an amount of ₹12,60,000/-. A demand draft bearing No.642149 dated 19.02.2021 for the balance amount of ₹6,30,000/- 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.108/2015 dated 04.02.2015 registered at Police Station North Rohini and consequent proceedings emanating therefrom are quashed.

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

11. Pending application also stands disposed of.

JUDGE MARCH 03, 2021