TUSHAR GROVER vs. THE STATE AND ANOTHER

Case Type: Criminal Misc Case

Date of Judgment: 31-05-2021

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Full Judgment Text

$~1 IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of decision: 31.05.2021 + CRL.M.C. 1033/2021 & CRL.M.A. 5255/2021 TUSHAR GROVER ...... Petitioner Through: Mr. Ravi Bhardwaj, Advocate Versus THE STATE & ANOTHER ...... Respondents Through: Mr. Panna Lal Sharma, Additional Public Prosecutor for respondent No.1/State with SI Amar Chand Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) The hearing has been conducted through video conferencing. 1. Quashing of FIR No. 96/2020, under Section 324 IPC, registered at police station Shahdara, Delhi is sought on the ground that the matrimonial dispute between petitioner-husband and respondent No.2- wife, stands amicably settled in terms of Memorandum of Understanding- cum-Compromise Deed dated 27.02.2021. 2. Notice issued. 3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for CRL.M.C. 1033/2021 Page 1 of 3 respondent No.1/State accepts notice and he submits that respondent No.2 is present through video conferencing and she has been identified to be the complainant of FIR question by the Investigating Officer of this case, who is also present through video conferencing. 4. Learned counsel for petitioner submits that with the intervention of well-wishers and family members, parties have resolved their dispute in terms of Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021 and they are happily living together. Further submitted that in terms of aforesaid Memorandum of Understanding, the complainant-wife has agreed to withdraw the pending cases against petitioner-husband and to enable the parties to lead a happy married life, the present petition be allowed. 5. Respondent No.2, present through video conferencing, affirms the contents of aforesaid Memorandum of Understanding-cum-Compromise Deed dated 27.02.2021 as well as her affidavit dated 27.02.2021 filed in support of this petition. She submits that the dispute with petitioner has been amicably resolved and she is happily and peacefully living with petitioner-husband and therefore, the FIR in question and proceedings emanating therefrom be quashed. CRL.M.C. 1033/2021 Page 2 of 3 6. In view of the fact that respondent No.2, who is the complainant of FIR in question, is happily living with petitioner/husband and she submits that no grievance against petitioner survives, no useful purpose would be served in continuing with the proceedings arising out of FIR in question. 7. Accordingly, FIR No. 96/2020, under Section 324 IPC, registered at police station Shahdara, Delhi and proceedings emanating therefrom are hereby quashed. 8. The petition is accordingly allowed and disposed of. 9. Pending application is disposed of as infructuous. (SURESH KUMAR KAIT) JUDGE MAY 31, 2021 r CRL.M.C. 1033/2021 Page 3 of 3