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2021 DIGILAW 690 (DEL)

Bhupender Kumar & Ors v. State & Anr

2021-03-23

SURESH KUMAR KAIT

body2021
JUDGMENT Suresh Kumar Kait, J. - 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.