Rocky Kane And Anr vs The State And Anr (Nct Of Delhi)
2021 Latest Caselaw 645 Del

$~19
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                                Date of decision: February 24, 2021

+      CRL.M.C. 606/2021 & Crl.M.A. 3000/2021

       ROCKY KANE AND ANR.                       ..... Petitioners
                   Through:           Mr. Pushpender Kumar,
                                      Advocate

                          Versus

       THE STATE AND ANR. (NCT OF DELHI) ... Respondents
                    Through: Mr. G.M.Farooqui,
                              Additional Public Prosecutor
                              for respondent No.1/State
                              with Inspector Harish
                              Respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        JUDGMENT (ORAL)

% The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of

FIR No.150/2018, registered at police station Sagarpur, New Delhi

and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. G.M.Farooqui, learned Additional Public Prosecutor for

State accepts notice and submits that respondent No.2 is present

through video conference and she has been identified as the

complainant of FIR in question by the Investigating Officer of this

case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken

up for final hearing.

5. The marriage between petitioner No.1 and respondent No.2

was solemnized on 24.02.2016 and due to temporal differences, the

marriage could not work and they started living separately since

03.02.2017. The dispute between the parties culminated into the FIR

in question.

6. The present petition has been filed on the ground that the

parties have amicably settled their dispute in terms of Memorandum

of Understanding dated 25.11.2020. It is stated that joint petition

under Section 13 (1) (ia) and Section 13 B(2) under the Hindu

Marriage Act, 1955 has been allowed by the learned Principal

Judge, Family Court, Dwarka, New Delhi and decree of divorce has

been granted on 11.01.2021.

7. Learned counsel for the petitioners submits that the terms of

Memorandum of Understanding dated 25.11.2020 have been acted

upon and therefore, the proceedings arising out of FIR in question

be brought to an end.

8. Keeping in view that the dispute between the parties has been

amicably resolved, this Court is inclined to quash the FIR in

question, as no useful purpose would be served in continuing with

the proceedings arising out of the present FIR.

9. For the reasons afore noted, FIR No.150/2018, registered at

police station Sagarpur, New Delhi and consequent proceedings

emanating therefrom are hereby quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 24, 2021 r