Ashok Kr Gupta & Ors. vs State & Anr.
2021 Latest Caselaw 230 Del

$~37
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                                   Date of decision: January 22, 2021

+      CRL.M.C. 191/2021 & CRL.M.A. 978/2021
       ASHOK KR GUPTA & ORS.             ..... Petitioners
                    Through: Mr. Vipul Srivastava,
                             Mr.Rajindera Vats &
                             Mr. Aditya Sharda,
                             Advocates

                          Versus

       STATE & ANR.                                  ..... Respondents
                          Through:      Mr.G.M.Farooqui, Additional
                                        Public Prosecutor for
                                        respondent No.1/State with
                                        IO Navneet
                                        Respondent No.2/
                                        complainant

       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.136/2018, registered at police station South Rohini, 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 disposal.

5. Petitioners are relatives of Arun Gupta, husband of

respondent No.2/complainant, with whom respondent No.2 was

having a matrimonial dispute at the time of registration of FIR in

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

matrimonial dispute between Arun Gupta and respondent No.2 has

been resolved in terms of Memorandum of Understanding dated

04.11.2020 and respondent No.2/complainant has stated that she

does not wish to pursue the proceedings arising out of FIR in

question.

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

Memorandum of Understanding dated 04.11.2020 have been acted

upon.

7. Respondent No.2 present through video conferencing affirms

the factum of settlement with petitioners and submits she has no

objection to the quashing of FIR in question.

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, the present petition is allowed

and FIR No.136/2018, registered at police station South Rohini,

New Delhi and consequent proceedings emanating therefrom are

hereby quashed.

10. The petition and pending application are accordingly disposed

of.

11. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE JANUARY 22, 2021 r