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High CourtsSingle Bench(2021) 02 DEL CK 0275

Rocky Kane And Anr vs State And Anr. (Nct Of Delhi)

Delhi High Court · Decided on 24 February 2021

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 606 Of 2021, Criminal Miscellaneous Application No. 3000 Of 2021

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Judgment

21 paragraphs · 322 words

Suresh Kumar Kait, J

1.

Vide the present petition, petitioners are seeking quashing of FIR No.150/2018, registered at police station Sagarpur, 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 hearing.

5.

The marriage between petitioner No.1 and respondent No.2 was solemnized on 24.02.2016 and due to temporal differences, the marriage could not

work and they started living separately since 3. 02.2017. The dispute between the parties culminated into the FIR in question.

6.

The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Memorandum of Understanding

dated 25.11.2020. It is stated that joint petition under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by

the learned Principal Judge, Family Court, Dwarka, New Delhi and decree of divorce has been granted on 11.01.2021.

7.

Learned counsel for the petitioners submits that the terms of Memorandum of Understanding dated 25.11.2020 have been acted upon and

therefore, the proceedings arising out of FIR in question be brought to an end.

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, FIR No.150/2018, registered at police station Sagarpur, New Delhi and consequent proceedings emanating therefrom

are hereby quashed.

10.

The petition is accordingly allowed and disposed of.

11.

Pending application also stands disposed of.