CRL.M.C./298/2021 of ANJUL GUPTA & ORS. Vs THE STATE NCT OF DELHI & ANR.

Court: Delhi High Court
Decision date: 2021-04-08
Case number: 298/2021

Parties

Mr. S.K. Singh, Adv (PETITIONER)
THE STATE NCT OF DELHI & ANR (RESPONDENT)

Cites (1)

BAIL APPLN./1697/2020 of SHAHJADA IRFAN Vs THE STATE NCT OF DELHI (2020)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 298/2021

ANJUL GUPTA & ORS.

Through

Date of decision: 08.04.2021

.... Petitioners

Mr. S.K. Singh, Adv.

versus

THE STATE NCT OF DELHI & ANR.

..... Respondents

Through Mr. Izhar Ahmad, APP for State with WSI Himanshi, PS Hauz Khas, Delhi Mr. Vivek K. Nasa, Adv. for R-2 with R-2 in person WSI Himanshi, PS Hauz Khas, Delhi Mr. Vivek K. Nasa, Adv. for R-2 with R-2 in person

CORAM:HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U M N T (ORAL)

1.Vide the present petition, petitioners seek direction for quashing of FIR No.0152/2019, registered at Police Station Hauz Khas, Delhi and consequent proceedings arising therefrom.

2.Notice issued.

3.Notice is accepted by learned APP for State and by counsel for respondent no.2 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 23.11.2008 at

Sakhuja Farms, Mehrauli, Delhi as per Hindu rites and ceremonies. Out of

the said wedlock, daughter, namely, Aaishi, was born on 02.05.2011. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from July, 2017.

5.Petitioners and respondent no.2 entered into an amicable settlement before the Mediation Centre, District Courts, Gurugram, Haryana vide settlement dated 04.02.2020 and settled all their disputes amicably.

6.Subsequently the petitioner no.1 and respondent no.2 had entered into an another settlement deed dated 15.02.2020 in addition to Settlement arrived between them before Mediation Centre, District Courts Gurguram,

Haryana as few others terms were inadvertently left to be recorded in the Settlement recorded on 04.02.2020.

7.Complainant is present in person and has been identified by WSI Himanshi and submits that matter has been settled and she does not wish to prosecute the matter any further.

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. FIR as no useful purpose would be served in prosecuting petitioners any further.

9.For the reasons afore-recorded, FIR No.0152/2019, registered at Police Station Hauz Khas, Delhi and consequent proceedings emanating therefrom are quashed.

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

APRIL 08, 2021/rk

(SURESH KUMAR KAIT) JUDGE