Vinit Garg & Anr vs The State (Govt. Of Nct Of Delhi) & ...
2020 Latest Caselaw 257 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 15.01.2020
+      CRL.M.C. 151/2020
       VINIT GARG & ANR                                   ..... Petitioners
                     Through:           Mr. Brijesh K., Adv.

                          versus

       THE STATE (GOVT. OF NCT OF DELHI)
       & ANR                                     ..... Respondents
                     Through: Mr. Izhar Ahmad, APP for State with
                               SI Sanjay Kumar, PS - Mayur Vihar
                               Mr. Kedar Yadav, 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. 648/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 151/2020

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

1276/2013 dated 05.12.2013 registered at Police Station - Shakarpur, 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 marriage between petitioner no.1 and sister (Smt. Monika) of

respondent no.2 was solemnized on 16.02.2010 as per Hindu rites and

ceremonies and out of the said wedlock, one male child, namely, Divit Garg

was born out.

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

wishers and relatives entered into an amicable settlement vide compromise

deed/ MOU dated 02.11.2019 and settled all their disputes amicably.

8. The complainant/ R-2 is present in person with his counsel and has

been identified by SI Sanjay Kumar of Police Station - Mayur Vihar and

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

matter any further.

9. 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.

10. For the reasons afore-recorded, the FIR No. 1276/2013 dated

05.12.2013 registered at Police Station - Shakarpur, Delhi and consequent

proceedings arising therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 15, 2020 PB