Kailash Chandra & ORS. v. State NCT Of Delhi & ANR.

$~13 *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: April 09, 2021 + CRL.M.C. 893/2021 & Crl.M.A. 4461/2021 KAILASH CHANDRA & ORS.

..... Petitioners Through:

Mr. Shafia Khan, Advocate

Versus

STATE NCT OF DELHI & ANR. ..... Respondents Through:

Mr. G.M.Farooqui, Additional Public Prosecutor for respondent No.1/State Mr. Pujya Kumar Singh & Mr.Aakesh Ranjan, Advocates for respondent No. 2

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) % The hearing has been conducted through video conferencing. 1.

By this petition, petitioners are seeking quashing of FIR No.95/2018, registered at police station Nihal Vihar, Delhi. 2.

Mr. G.M.Farooqui, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conferencing and she has been identified as the complainant of FIR in Crl.M.C. 893/2021 Page 1 of 3

question by the Investigating Officer of this case, who is also present through video conferencing.

3.

With the consent of the parties, the present petition is taken up for final hearing.

4.

The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 11.12.2014 as per Hindu Rites but due to temperamental differences, the marriage could not work and they started living separately since 2016. The matrimonial dispute between the parties culminated into the FIR in question.

5.

The present petition has been filed on the ground that the parties have amicably settled their matrimonial dispute in terms of Settlement dated 27.07.2019 reached through Counseling Cell, Tis Hazari Courts, Delhi.

6.

Learned counsel for the petitioners submits that the marriage between petitioner No.1 and respondent No.2 stands dissolved by a mutual consent divorce on 07.11.2019 and the terms of settlement have been fully acted upon. It is so affirmed by respondent No.2, who is present through video conferencing.

7.

Keeping in view that the dispute between the parties has been Crl.M.C. 893/2021 Page 2 of 3

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.

8.

For the reasons afore noted, FIR No.95/2018, registered at police station Nihal Vihar, Delhi and consequent proceedings emanating therefrom against the petitioners, are hereby quashed. 9.

The petition is accordingly allowed and disposed of. 10.

Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE APRIL 09, 2021 r Crl.M.C. 893/2021 Page 3 of 3