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2021 Supreme(Del) 1321

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Tushar Grover - Appellant
Versus
State & Anr. - Respondents
Crl M C No. 1033 of 2021; Crl M A No. 5255 of 2021
Decided On : 31-05-2021

Advocates appeared:
Ravi Bhardwaj, Advocate, Panna Lal Sharma, Advocate, Amar Chand, Advocate

The amicable settlement of a matrimonial dispute, as evidenced by a Memorandum of Understanding-cum-Compromise Deed and the affirmation of the complainant, can be a basis for quashing FIR and proceedings.

Headnote:

Quashing - Matrimonial Dispute - The court quashed the FIR and proceedings under Section 324 IPC as the matrimonial dispute between the parties had been amicably settled in terms of a Memorandum of Understanding-cum-Compromise Deed, and the complainant affirmed the resolution and expressed no grievance against the petitioner.

Fact of the Case:

The petitioner sought quashing of FIR No. 96/2020, under Section 324 IPC, on the ground that the matrimonial dispute between the parties had been amicably settled in terms of a Memorandum of Understanding-cum-Compromise Deed.

Finding of the Court:

The court found that the parties had resolved their dispute in terms of the Memorandum of Understanding-cum-Compromise Deed, and the complainant affirmed the resolution, expressing no grievance against the petitioner. Consequently, the court quashed the FIR and proceedings.

Issues: Quashing of FIR and proceedings under Section 324 IPC due to amicable settlement of matrimonial dispute.

Ratio Decidendi: The court's decision was influenced by the amicable settlement of the matrimonial dispute between the parties, as evidenced by the Memorandum of Understanding-cum-Compromise Deed and the affirmation of the complainant, leading to the conclusion that no useful purpose would be served in continuing with the proceedings.

Final Decision: The court quashed FIR No. 96/2020, under Section 324 IPC, and the proceedings emanating therefrom, and allowed and disposed of the petition.

JUDGMENT

Suresh Kumar Kait, J. -

The hearing has been conducted through video conferencing.

1. Quashing of FIR No. 96/2020, under Section 324 IPC, registered at police station Shahdara, Delhi is sought on the ground that the matrimonial dispute between petitioner-husband and respondent No.2- wife, stands amicably settled in terms of Memorandum of Understandingcum-Compromise Deed dated 27.02.2021.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice and he submits that respondent No.2 is present through video conferencing and she has been identified to be the complainant of FIR question by the Investigating Officer of this case, who is also present through video conferencing.

4. Learned counsel for petitioner submits that with the intervention of well-wishers and family members, parties have resolved their dispute in terms of Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021 and they are happily living together. Further submitted that in terms of aforesaid Memorandum of Understanding, the complainant-wife has agreed to withdraw the pending cases against petitioner-husband and to enable the parties to lead a happy married life, the present petition be allowed.

5. Respondent No.2, present through video conferencing, affirms the contents of aforesaid Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021 as well as her affidavit dated 27.02.2021 filed in support of this petition. She submits that the dispute with petitioner has been amicably resolved and she is happily and peacefully living with petitioner-husband and therefore, the FIR in question and proceedings emanating therefrom be quashed.

6. In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband and she submits that no grievance against petitioner survives, no useful purpose would be served in continuing with the proceedings arising out of FIR in question.

7. Accordingly, FIR No. 96/2020, under Section 324 IPC, registered at police station Shahdara, Delhi and proceedings emanating therefrom are hereby quashed.

8. The petition is accordingly allowed and disposed of.

9. Pending application is disposed of as infructuous.

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