Devender & Ors vs State (Govt. Of Nct Of Delhi) & Anr
2020 Latest Caselaw 1172 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 19.02.2020

+     CRL.M.C. 157/2020
      DEVENDER & ORS                                   ..... Petitioners
                   Through             Mr. Naveen Kumar, Adv.

                         versus

    STATE (GOVT. OF NCT OF DELHI) & ANR       ..... Respondents
                  Through   Mr. Amit Chadha, APP for State
                            ASI Jai Bhagwan, PS Vijay Vihar
                            Adv. (appearance not given) for R-2
                            With respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

Crl. M.A. 669/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 157/2020

3. Vide the present petition, petitioners seek direction for quashing of

FIR No.125/2019 dated 28.05.2019 registered at Police Station Vijay Vihar

and consequent proceedings arising therefrom.

4. Notice issued.

5. 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.

6. Petitioner no.1 and respondent no.2 got married on 05.03.2016 as per

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

Dishu Due to extreme incompatibilities between petitioners and respondent

no.2, they started living separately.

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

wishers and relatives entered into an amicable settlement dated 30.07.2019

before Family Courts, (North-West), Rohini Courts and settled all their

disputes amicably.

8. A demand draft bearing no.011996 dated 17.02.2020 for the balance

amount of ₹2,00,000/- (Rupees Two Lacs) is handed over to the respondent

no. 2 today in the Court.

9. Complainant is present in person and has been identified by ASI Jai

Bhagwan of Police Station Vijay Vihar and submits that matter has been

settled and she does not wish to prosecute the matter any 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.125/2019 dated 28.05.2019

registered at Police Station - Vijay Vihar and consequent proceedings

emanating therefrom are quashed.

12. The petition is, accordingly, allowed and disposed of.

13. Order dasti

(SURESH KUMAR KAIT) JUDGE FEBRUARY 19, 2020 ms