Vishal Malhotra & Ors. vs State (Gnct Of Delhi) & Anr.
2020 Latest Caselaw 2774 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                  Date of decision: 30 th September, 2020
+      CRL.M.C. 1896/2020
       VISHAL MALHOTRA & ORS.                              .... Petitioners
                          Through        Mr. Tarun Khanna, Adv.

                          versus

       STATE (GNCT OF DELHI) & ANR.                .... Respondents
                     Through    Mr. Izhar Ahmed, APP for the State
                                With SI Kiran Pal, PS Jagat Puri,
                                Delhi
                                Mr. Tarun Srivastava, 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)

The hearing has been conducted through video conferencing.

Crl. M.A.13537/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.1896/2020

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

quashing of FIR No.0115/2013 dated 01.03.2013, registered at PS - Jagat

Puri, Delhi and all other proceedings arising therefrom.

4. Notice issued.

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

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

petition is taken up for final disposal.

6. Petitioner No.1 and respondent No.2 got married 22.02.2004 as per

Hindu rites and rituals. Out of the said wedlock, one female child, namely,

Mansha, was born in 01.10.2006. Due to extreme incompatibilities between

petitioners and respondent No.2, they started living separately from

04.10.2012.

7. Petitioners and respondent No.2 entered into an amicable settlement

vide MoU dated 01.12.2018 and settled all their disputes amicably.

8. Complainant is present in person and has been identified by SI Kiran

Pal/IO 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

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

further.

10. For the reasons afore-recorded, FIR No.0115/2013 dated 01.03.2013,

registered at PS - Jagat Puri, Delhi and consequent proceedings emanating

therefrom are quashed.

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

12. The order be uploaded on the website forthwith.

SURESH KUMAR KAIT, J SEPTEMBER 30, 2020/rk