Amit Kumar & Ors. vs State & Anr.
2021 Latest Caselaw 462 Del

$~33
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 10.02.2021

+      CRL.M.C. 375/2021
       AMIT KUMAR & ORS.                                    ..... Petitioners
                    Through             Mr. Vikas Sharma, Adv. with
                                        petitioners in person through VC.

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State.
                                        SI Rooma Yadav PS Khyala.
                                        Mr. Shankar Thakur, 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. 2136/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.375/2021

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

FIR No. 266/2017 dated 20.08.2017 registered at Police Station Khyala and

consequent proceedings arising therefrom.

4. Notice issued.

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

respondent no.2/respondent no.2 present in person 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 01.06.2009 as per

Hindu rites and rituals. Two children were born out of the wedlock namely

Master Vansh Grover and Miss Pranjal Grover. Due to extreme

incompatibilities between petitioners and respondent no.2, they started

living separately.

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

wishers and relatives entered into an amicable settlement before the Delhi

Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated

11.02.2020 and settled all their disputes amicably and decided to live as

husband and wife.

8. Complainant/respondent no.2 is present in person and has been

identified by SI Rooma Yadav of Police Station Khyala 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 present FIR as no useful purpose would be served in prosecuting

petitioners any further.

10. For the reasons afore-recorded, FIR No. 266/2017 dated 20.08.2017

registered at Police Station Khyala and consequent proceedings emanating

therefrom are quashed.

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

12. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 10, 2021 ab