Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 115

IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Suresh Kumar and Others – Petitioners
Versus
The State Govt. of NCT of Delhi and Another – Respondents
Crl. M.C. No. 1062 of 2021
Decided On : 06-04-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Deep Chand.
For the Respondents: Mr. G.M. Farooqui, Kuldeep Singh.

Point of Law: Family Dispute - Memorandum of Understanding for Dissolution of Marriage by mutual - Sought for quash of FIR - Amicable Settlement between parties - Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

Headnote:
Matrimonial Dispute - Seeking quashing of FIR - Petitioner no. 1 and respondent no. 2 got married - Due to extreme incompatibilities between petitioners and respondent no. 2, they started living separately - 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 and settled all their disputes amicably.
Finding of the Court:
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.
Result: Petition allowed.

JUDGMENT :

SURESH KUMAR KAIT, J.

Crl. M.A. No. 5436/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

Crl. M.C. No. 1062/2021

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.

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 Rs. 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.

Click Here to Read the rest of this document

2021 Supreme(Del) 115

IN THE HIGH COURT OF DELHI AT NEW DELHISURESH KUMAR KAIT, J.Suresh Kumar and Others – PetitionersVersusThe State Govt. of NCT of Delhi and Another – RespondentsCrl. M.C. No. 1062 of 2021Decided On : 06-04-2021

Point of Law: Family Dispute - Memorandum of Understanding for Dissolution of Marriage by mutual - Sought for quash of FIR - Amicable Settlement between parties - Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Suresh Kumar and Others – Petitioners
Versus
The State Govt. of NCT of Delhi and Another – Respondents
Crl. M.C. No. 1062 of 2021
Decided On : 06-04-2021