Karan Mogha @ Karan Monga & Ors. v. The State (NCT of Delhi) & Anr.

Delhi High Court · 18 Nov 2019 · 2019:DHC:6067
Suresh Kumar Kait
CRL.M.C.3343/2019
2019:DHC:6067
criminal petition_allowed

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The Delhi High Court quashed a criminal FIR arising from matrimonial disputes following an amicable settlement and divorce decree, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C.3343/2019
HIGH COURT OF DELHI
Date of Decision: 18.11.2019
CRL.M.C. 3343/2019
KARAN MOGHA @ KARAN MONGA & ORS. ..... Petitioners
Through Mr. Sanjay Singh, Adv. with petitioners in person
VERSUS
THE STATE (NCT OF DELHI ) & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State W/SI Renu, PS Delhi Cantt.
Ms. Richa, Complainant/ 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.504/2015 dated 16.09.2015 registered at Police Station Delhi Cantt and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. The petitioner no.1 and respondent no.2 got married on 19.11.2010 as per Hindu rites and rituals. One child was born out of the wedlock namely 2019:DHC:6067 CRL.M.C.3343/2019 ‘Anurag’ on 27.09.2011. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately since 21.10.2014.

5. The petitioner no.1 and respondent no.2 have entered into an amicable settlement and have been granted a decree of divorce by the Judge, Family Courts, Dwarka vide order dated 04.05.2019.

6. The complainant is present in person with her counsel and has been identified by W/SI Renu, PS Delhi Cantt. and submits that matter has been settled and she does not wish to prosecute the matter any further.

5. 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.

6. For the reasons afore-recorded, the FIR No.504/2015 dated 16.09.2015 registered at Police Station Delhi Cantt and consequent proceedings arising therefrom are quashed.

7. The petition is allowed accordingly.

8. Order dasti.

JUDGE NOVEMBER 18, 2019