Bhupender Kumar & Ors. vs State & Anr.
2021 Latest Caselaw 984 Del

$~29
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of decision: 23rd March, 2021

+      CRL.M.C. 970/2021
       BHUPENDER KUMAR & ORS.                              .... Petitioners
                           Through     Mr. Pravesh Dabas, Adv.

                           versus

       STATE & ANR.                                       .... Respondents
                           Through     Mr. G.M. Farooqui, APP for State
                                       with SI Narender, PS Keshavpuram
                                       Respondent No.2 in person

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (ORAL)

1. 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.

(SURESH KUMAR KAIT) JUDGE MARCH 23, 2021/rk