Deepak Malhotra & Ors vs State (Govt. Of Nt Of Delhi) & Anr
2020 Latest Caselaw 1201 Del

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

                                                Date of decision:20.02 .2020

+      CRL.M.C. 966/2020
       DEEPAK MALHOTRA & ORS                               .... Petitioners
                           Through     Ms.Diksha Mathur and Mr.Mohit
                                       Bangwal, proxy counsel

                           versus

       STATE (GOVT. OF NT OF DELHI) & ANR          .... Respondents
                     Through   Mr.Izhar Ahmed, APP for State with
                               SI Jeetendra Singh, PS Bharat Nagar,
                               Delhi
                               R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (ORAL)

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

F.I.R No.0342 dated 30.06.2015 registered at Police Station Bharat Nagar,

Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent no.2

present in person and with the consent of counsel for parties, present petition

is taken up for final disposal.

4. Petitioner no.1 and respondent no.2 got married on 20.9.2010 as per

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

Hardik. Due to extreme incompatibilities between petitioners and respondent

no.2, they started living separately from 30.12.2014.

5. Petitioner No.1 and respondent no.2 entered into an amicable

settlement before the Counselling Cell, Family Courts, (North-West),

Rohini, Delhi vide settlement deed dated 4.2.2019 and settled all their

disputes amicably.

6. Respondent No.2 is present in person and has been identified by SI

Jeetendra Singh (IO) and submits that matter has been settled and she does

not wish to prosecute the matter any further.

7. It is agreed between petitioner and respondent No.2 that petitioner

shall pay an amount of Rs.10,000/- per month towards expenses of child and

respondent No.2 subject to condition that petitioner should be allowed to

meet the child every week on Sunday. Respondent No.2 has agreed thereto.

8. Accordingly, petitioner shall pay Rs.10,000/- month to respondent

No.2 for expenses of child and respondent No.2. Petitioner shall meet child

for three hours on every Sunday, i.e. from 11 AM to 2 PM.

9. It is made clear that child shall be taken from residence of respondent

No.2 at 11 AM and shall be dropped at the same place at 2 PM.

10. It is also made clear that if either party fails to comply with terms of

aforesaid settlement before this Court, the said party shall be liable for legal

action.

11. 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.

12. For the reasons afore-recorded, F.I.R No.0342 dated 30.06.2015

registered at Police Station Bharat Nagar, Delhi and consequent proceedings

emanating therefrom are quashed.

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

14. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 20, 2020/rk