Amitabh And Ors. vs The State And Anr. (Govt. Of Nct Of ...
2021 Latest Caselaw 527 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 16.02.2021
+     CRL.M.C. 471/2021
      AMITABH AND ORS.                                     ..... Petitioners
                   Through             Ms.Mrinal Harsh Vardhan, Adv. with
                                       Mr.Animesh Rastogi, Adv. with
                                       petitioners in person through VC.

                         versus

      THE STATE AND ANR. (GOVT. OF NCT OF DELHI)
                                                   ..... Respondent
                   Through   Mr.Izhar Ahmed, APP for State.
                             PS Anand Prakash PS Laxmi Nagar.
                             Mr.Sharad Chandra Jha, Adv. 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)

The hearing has been conducted through video conferencing. Crl. M.A. 2450/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.471/2021

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

FIR No.488/2018 dated 08.10.2018 registered at Police Station Shakarpur

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 21.02.2014 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately since 2015.

7. Petitioner no.1 and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement before the

Counselling Cell, Family Courts, Vishwas Nagar, Delhi vide settlement

deed dated 25.07.2020 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person through video

conferencing and has been identified by SI Anand Prakash of Police Station

Laxmi Nagar 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.488/2018 dated 08.10.2018

registered at Police Station Shakarpur and consequent proceedings

emanating therefrom are quashed.

11. Parties shall remain bound by the terms and conditions of the

aforesaid settlement deed arrived at between the parties.

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

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

(SURESH KUMAR KAIT) JUDGE FEBRUARY 16, 2021 ab