Anuj Ghaiand & Ors vs State & Anr
2019 Latest Caselaw 6242 Del

$~64
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 04.12.2019
+      CRL.M.C. 6216/2019
       ANUJ GHAIAND & ORS                                 ..... Petitioners
                    Through:            Mr. Saran Suri, Mr. Roshan Kumar
                                        and Mr. Shobhit Chandra Sharma,
                                        Advs.
                          versus
       STATE & ANR                                        ..... Respondents
                          Through:      Mr. Panna Lal Sharma, APP for State
                                        with Inspector Virender Dalal, SHO/
                                        Malviya Nagar and SI Deepak
                                        Tanwar, PS - Malviya Nagar
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 41827/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 6216/2019 and CRL.M.A. 41826/2019

3. Vide the present petition, the petitioners seek direction thereby

quashing FIR No. 609/2016 dated 28.07.2016, registered at Police Station-

Malviya Nagar and all other proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State.

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

final disposal.

7. The petitioner no.1 and respondent no.2 got married on 18.11.2001 as

per Hindu rites and rituals. Two children were born out of the wedlock

namely, Meagan and Kiaan.

8. Respondent No. 2 is personally present in Court and has been

identified by Inspector Virender Dalal, SHO/IO, Police Station-Malviya

Nagar and submits that matter has been settled and she does not wish to

prosecute the matter any further.

9. The petitioners and respondent no.2 have entered into an amicable

settlement vide settlement deeds dated 21.05.2019 and 24.05.2019 and

settled all their disputes amicably.

10. Learned counsel for the petitioners prays that the present petition may

be allowed in view of the settlement arrived at between the parties.

11. Taking into account the aforesaid facts, this Court is inclined to quash

the FIR as no useful purpose would be served in prosecuting the petitioners

any further.

12. For the reasons afore-recorded, the FIR No.609/2016 dated

28.07.2016, registered at Police Station - Malviya Nagar and all other

proceedings emanating therefrom are quashed.

13. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE DECEMBER 04, 2019 PB