Tarun Khanna & Ors v. State (NCT of Delhi) & Anr

Delhi High Court · 18 Jan 2021 · 2021:DHC:192
Suresh Kumar Kait
CRL.M.C.8/2021
2021:DHC:192
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings arising from a matrimonial dispute after the parties reached an amicable settlement and the complainant withdrew prosecution.

Full Text
Translation output
CRL.M.C.8/2021
HIGH COURT OF DELHI
Date of Decision: 18.01.2021
CRL.M.C. 8/2021
TARUN KHANNA & ORS .... Petitioners
Through Mr. Pankaj Bagga, Adv.
VERSUS
STATE (NCT OF DELHI) & ANR. .... Respondents
Through Mr. Izhar Ahmed, APP for State with SI Dinesh Kumar, PS Kalkaji
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 17/2021 (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.509/2017 dated 09.11.2017 registered at Police Station Kalkaji and consequent proceedings arising therefrom.

4. Notice issued. 2021:DHC:192

5. 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.

6. Petitioner no.1 and respondent no.2 got married on 20.07.2015. Due to extreme incompatibilities between petitioner and respondent no.2, they started living separately from 01.05.2017.

7. Petitioner no.1 and respondent no.2 entered into an amicable settlement vide Memorandum of Understanding/Settlement Agreement dated 05.10.2020 and settled all their disputes amicably.

8. Respondent No.2 is present in person and has been identified by SI Dinesh Kumar (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. 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.

10. For the reasons afore-recorded, FIR No.509/2017 dated 09.11.2017 registered at Police Station Kalkaji and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website of this Court forthwith.

JUDGE JANUARY 18, 2021