Aman Mamtahni & Ors. vs State (Nct Of Delhi ) & Ors.
2019 Latest Caselaw 5815 Del

$~69
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 20.11.2019

+      CRL.M.C. 5893/2019
       AMAN MAMTAHNI & ORS.                     ..... Petitioners
                  Through: Mr. Ajay Chaudhary, Adv. for
                            petitioner Nos. 1 to 5
                  versus

       STATE (NCT OF DELHI ) & ORS.                ..... Respondents
                     Through: Mr. Izhar Ahmad, APP for State with
                                W/SI Reema/IO and SI Badlu Ram,
                                PS - Janakpuri, Delhi
                                Mr. Siddhant Gandas, 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. 40689/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5893/2019

3. Vide the present petition, the petitioners seek quashing of FIR No.

370/2017 dated 27.08.2017 registered at Police Station - Janakpuri, Delhi

and consequent proceedings arising therefrom.

4. Notice issued.

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

respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

6. The petitioner no.1 and respondent no.2 got married on 15.07.2007 as

per Hindu rites and rituals. One child was born out of the wedlock, namely,

Nanakjot Singh @ Chinmay Mamtani. Due to extreme incompatibilities

between the petitioners and respondent no.2, they started living separately

from 15.04.2012.

7. The petitioner and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide mediation

settlement deed dated 06.05.2019 and settled all their disputes amicably. It is

stated by respondent no.2 that she has received the entire settlement amount.

8. The complainant is present in person with her counsel and has been

identified by W/SI - Reema of Police Station - Janakpuri, Delhi and submits

that matter has been settled and she does not wish to prosecute the matter

any further.

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

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

petitioners any further.

10. For the reasons afore-recorded, the FIR No. 370/2017 dated

27.08.2017 registered at Police Station - Janakpuri, Delhi and consequent

proceedings arising therefrom are quashed.

11. The petition is allowed accordingly.

12. Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 20, 2019 PB