SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Del) 125

IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Anjul Gupta and Others – Petitioners
Versus
The State NCT of Delhi and Another – Respondents
Crl. M.C. No. 298 of 2021
Decided On : 08-04-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.K. Singh.
For the Respondents: Mr. Izhar Ahmad, Mr. Vivek K. Nasa, Himanshi.

Point of Law: Quash of Criminal proceedings - Settlement between parties - No useful purpose would be served in continuing proceedings.

Headnote:

Criminal Law - Quash of FIR - Extreme incompatibilities - Settlement of dispute - Matrimonial dispute - Filing of criminal case against spouse.

Finding of the Court:

Complainant is present in person and has been identified and submits matter has been settled and she does not wish to prosecute matter any further - Taking into account aforesaid facts - Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further - FIR registered at Police Station and consequent proceedings emanating are quashed.

Result: Petition is allowed and disposed of.

JUDGMENT :

SURESH KUMAR KAIT, J.

1. Vide the present petition, petitioners seek direction for quashing of FIR No. 0152/2019, registered at Police Station Hauz Khas, Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. Petitioner no. 1 and respondent no. 2 got married on 23.11.2008 at Sakhuja Farms, Mehrauli, Delhi as per Hindu rites and ceremonies. Out of the said wedlock, a daughter, namely, Aaishi, was born on 02.05.2011. Due to extreme incompatibilities between petitioners and respondent no. 2, they started living separately from July, 2017.

5. Petitioners and respondent no. 2 entered into an amicable settlement before the Mediation Centre, District Courts, Gurugram, Haryana vide settlement dated 04.02.2020 and settled all their disputes amicably.

6. Subsequently the petitioner no. 1 and respondent no. 2 had entered into an another settlement deed dated 15.02.2020 in addition to Settlement arrived between them before Mediation Centre, District Courts Gurguram, Haryana as few others terms were inadvertently left to be recorded in the Settlement recorded on 04.02.2020.

7. Complainant is present in person and has been identified by WSI Himanshi and submits that matter has been settled and she does not wish to prosecute the matter any further.

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. 0152/2019, registered at Police Station Hauz Khas, Delhi and consequent proceedings emanating therefrom are quashed.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top