Full Judgment Text
2021:DHC:312
$~2
IN THE HIGH COURT OF DELHI AT NEW DELHI
*
Date of decision: 28.01.2021
+ CRL.M.C. 64/2021
VIJAY GANDHI & ANR. ..... Petitioners
Through Mr. Vikram Seth, Adv. with P-1 in
person
versus
STATE OF NCT OF DELHI & ANR. .... Respondents
Through Mr. Izhar Ahmad, APP for State
with SI Yashpal, PS CAW Cell,
Nanakpura
Mr. Dinesh Pirani, Adv. for R-2 with
R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL. M.A. 287/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C.64/2021
3. Vide the present petition, petitioners seek direction thereby for
quashing of FIR No.78/2014, registered at PS – CAW Cell, Nanakpura,
Delhi and all other proceedings arising therefrom.
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4. Notice issued.
5. Notice is accepted by learned APP for State and by learned counsel
for respondent no.2 and with the consent of counsel for parties, the present
petition is taken up for final disposal.
6. The present petition is filed on the ground that parties have settled
their disputes and respondent no. 2 has no objection if the present petition is
allowed.
7. Petitioner no.1 and respondent no.2 got married on 17.02.1997 as per
Hindu rites and rituals. Two children were born out of the wedlock namely
Ms. Tamanna and Master Ram Pratap. Due to extreme incompatibilities
between petitioner no.1 and respondent no.2, they started living separately
from 07.06.2013.
8. Petitioners and respondent no.2 with the intervention of their well-
wishers and relatives entered into an amicable settlement before the Delhi
High Court Mediation and Conciliation Centre vide a Settlement Agreement
dated 11.09.2019 and settled all their disputes amicably.
9. Respondent no.2 is personally present in Court with her learned
counsel and she has been identified by SI Yashpal/IO and submits that
matter has been settled and she does not wish to prosecute the matter any
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further.
10. 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.
11. For the reasons afore-recorded, FIR No.78/2014, registered at PS –
CAW Cell, Nanakpura, Delhi and consequent proceedings emanating
therefrom are quashed.
12. The petition is, accordingly, allowed and disposed of.
13. The order be uploaded on the website of this Court forthwith
(SURESH KUMAR KAIT)
JUDGE
JANUARY 28, 2021
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