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2021 Supreme(Del) 2354
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Bhupender Kumar & Ors - Appellant
Versus
State & Anr - Respondent
Criminal Miscellaneous Case No. 970 of 2021
Decided On : 23-03-2021
Important Points
Subject
Criminal Law - Quashing of FIR
Headnote
Quashing of FIR - Settlement Deed - The court quashed the FIR and consequent proceedings arising from it based on the amicable settlement reached between the parties through a Memorandum of Understanding-cum-Settlement Deed for mutual Divorce.
Fact of the Case:
The petitioners sought direction for quashing of FIR No.276/2017, registered at Police Station Keshav Puram and consequent proceedings arising therefrom. The petitioners and respondent no.2 got married on 03.12.2012, had a child, and started living separately due to incompatibilities. They entered into an amicable settlement through a Memorandum of Understanding-cum-Settlement Deed for mutual Divorce.
Finding of the Court:
The court, after considering the settlement reached between the parties and the fact that the respondent no.2 did not wish to prosecute the matter any further, quashed the FIR and consequent proceedings as no useful purpose would be served in prosecuting the petitioners any further.
Issues: The main issue was the quashing of FIR No.276/2017 and consequent proceedings arising from it, based on the amicable settlement reached between the parties.
Ratio Decidendi: The court's decision was influenced by the amicable settlement reached between the parties through a Memorandum of Understanding-cum-Settlement Deed for mutual Divorce and the respondent no.2's decision not to prosecute the matter any further.
Final Decision: The court allowed and disposed of the petition, quashing FIR No.276/2017 and consequent proceedings emanating therefrom.
Pravesh Dabas, Advocate, G.M. Farooqui, Advocate
JUDGMENT
Suresh Kumar Kait, J. - Vide the present petition, petitioners seek direction for quashing of FIR No.276/2017, registered at Police Station Keshav Puram and consequent proceedings arising therefrom.
2. Notice issued.
3. 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.
4. Petitioner no.1 and respondent no.2 got married on 03.12.2012 as per Hindu rites and rituals. One child was born out of the wedlock namely master Kartik . Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 16.01.2016.
5. Petitioners and respondent no.2 entered into an amicable settlement vide Memorandum of Understanding-cum-Settlement Deed for mutual Divorce dated 30.10.2018 and settled all their disputes amicably.
6. Complainant/Respondent No.2 is present in person and has been identified by SI Narender and submits that matter has been settled and she does not wish to prosecute the matter any further.
7. The total settlement amount is ?3,50,000/-. A demand draft bearing No.502539 dated 16.02.2021, for the balance amount of ?1,00,000/- is handed over to the respondent no. 2 today in the Court.
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.276/2017, registered at Police Station Keshav Puram and consequent proceedings emanating therefrom are quashed.
10. The petition is, accordingly, allowed and disposed of.
