Karan Nayyar @ Vicky & Ors. vs State (Nct Of Delhi) & Anr.
2021 Latest Caselaw 1458 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                              Date of decision: 17.05.2021
+      W.P.(CRL) 96/2021 & Crl.M.A. 731/2021

       KARAN NAYYAR alias VICKY & ORS.      ..... Petitioners
                  Through: Mr. Prem Prakash Mann, Advocate

                          Versus

       STATE (NCT OF DELHI) & ANR.             ..... Respondents
                     Through: Ms. Richa Kapoor, Additional
                               Standing Counsel (Crl.),
                               Ms. Shivani Sharma &
                               Ms. Surabhi Katyal, Advocates
                               for respondent No.1/State with SI
                               Babita
                               Respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                       J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

1. Vide this petition, quashing of FIR No. 1092/2015, registered at

police station Prashant Vihar, Delhi is sought by petitioners.

2. Notice.

3. Ms. Richa Kapoor, learned Additional Standing Counsel for

respondent No.1/State accepts notice and submits that respondent No.2 is

present through video conferencing and she has been duly identified to be

complainant of FIR in question by the Investigating Officer of this case,

who is also present through video conferencing.

4. With the consent of both the sides, the present petition has been

taken up for final hearing and disposal.

5. Learned counsel for petitioners submits that marriage between

petitioner No.1 and respondent no.2 was solemnized on 30.11.2010 as per

Hindu rites. However, due to different mindsets, temperaments and

incompatibilities, they started living separately from 25.06.2015. Further

submitted that the matrimonial dispute between petitioner No.1-husband

and respondent No.2-wife stands amicably settled before Mediation

Centre, Rohini Courts, Delhi in terms of Settlement Agreement dated

26.04.2018 and decree of divorce has been already granted by the Family

Court on 11.03.2020.

6. Respondent No.2, present through video conferencing affirms that

the matrimonial dispute has been amicably resolved in terms of

Settlement Agreement dated 26.04.2018 reached through Mediation

Centre, Rohini Courts, Delhi and terms thereof have been fully acted

upon. Respondent No.2 submits that no grievance against petitioners

survives and so, the FIR in question and proceedings emanating

therefrom be quashed.

7. 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.

8. For the reasons afore-recorded, FIR No. 1092/2015, registered at

police station Prashant Vihar, Delhi and consequent proceedings

emanating therefrom are hereby quashed.

9. The petition is, accordingly, allowed and disposed of.

10. Pending application is disposed of as infructuous.

(SURESH KUMAR KAIT) JUDGE MAY 17, 2021 r