Allowed

Shri Gaurav Kaila & Ors. v. State (Nct of Delhi) & Anr.

Delhi HC2 Mar 2020CRL.M.C./1176/2020

Case brief

AI extract

What is this about?

This Court quashed the FIR No. 546/2018 and consequent proceedings in a matrimonial dispute where the parties had entered into an amicable settlement and the complainant expressed willingness not to prosecute further.

What did the court decide?

FIR No. 546/2018 registered at Police Station Rajouri Garden and consequent proceedings arising therefrom are hereby quashed.

Shri Gaurav Kaila & Ors. Vs State (Nct of Delhi) & Anr. — Matrimonial and Divorce | Delhi HC (2020)

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$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 02.03.2020

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- CRL.M.C. 1176/2020

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SHRI GAURAV KAILA & ORS ..... Petitioners Through Mr. Ajit Pratap Singh, Adv. with petitioners

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versus

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STATE (NCT OF DELHI) & ANR ..... Respondent Through Mr. Izhar Ahmed, APP for State W/SI Babita, PS Rajouri Garden Mr. Varun Chawla with Ms. Atithya, Advs. for R-2 with respondent no.2 in person

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CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT

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J U D G M E N T (ORAL)

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Crl. M.A. 4588/2020

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Allowed, subject to all just exceptions.

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Application is disposed of.

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CRL.M.C. 1176/2020

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Vide the present petition, petitioners seek direction for quashing of

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FIR No. 546/2018 dated 31.08.2018 registered at Police Station Rajouri

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Garden and consequent proceedings arising therefrom.

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CRL.M.C. 1176/2020

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Page 1 of 3

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Notice issued.

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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.

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Petitioner no.1 and respondent no.2 got married on 20.04.2016 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 21.03.2017.

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Petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement vide Memorandum of Understanding dated 23.01.2020 and settled all their disputes amicably.

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A demand draft bearing No.012564 dated 19.02.2020 for the balance amount of ₹8,00,000/- (Rupees Eight Lacs Only ) is handed over to respondent no. 2 today in the Court.

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Complainant is present in person, who has been identified by WSI Babita of Police Station Rajouri Garden, and submits that matter has been settled and she does not wish to prosecute the matter any further.

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CRL.M.C. 1176/2020

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Page 2 of 3

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Taking into account the aforesaid facts, this Court is inclined to quash aforementioned FIR as no useful purpose would be served in prosecuting petitioners any further.

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For the reasons afore-recorded, FIR No. 546/2018 dated 31.08.2018 registered at Police Station Rajouri Garden and consequent proceedings emanating therefrom are hereby quashed.

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The petition is, accordingly, allowed and disposed of.

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Order dasti.

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(SURESH KUMAR KAIT) JUDGE

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MARCH 02, 2020 ms

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CRL.M.C. 1176/2020

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Page 3 of 3

Shri Gaurav Kaila & Ors. v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

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Shri Gaurav Kaila & Ors. v. State (Nct of Delhi) & Anr.

Case brief

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