Vijay Gandhi & Anr. vs State Of Nct Of Delhi & Anr.
2021 Latest Caselaw 299 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 28.01.2021

+     CRL.M.C. 64/2021
      VIJAY GANDHI & ANR.                                 ..... Petitioners
                         Through       Mr. Vikram Seth, Adv. with P-1 in
                                       person
                         versus

      STATE OF NCT OF DELHI & ANR.               .... Respondents
                    Through   Mr. Izhar Ahmad, APP for State
                              with SI Yashpal, PS CAW Cell,
                              Nanakpura
                              Mr. Dinesh Pirani, 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. 287/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.64/2021

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

quashing of FIR No.78/2014, registered at PS - CAW Cell, Nanakpura,

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. The present petition is filed on the ground that parties have settled

their disputes and respondent no. 2 has no objection if the present petition is

allowed.

7. Petitioner no.1 and respondent no.2 got married on 17.02.1997 as per

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

Ms. Tamanna and Master Ram Pratap. Due to extreme incompatibilities

between petitioner no.1 and respondent no.2, they started living separately

from 07.06.2013.

8. Petitioners and respondent no.2 with the intervention of their well-

wishers and relatives entered into an amicable settlement before the Delhi

High Court Mediation and Conciliation Centre vide a Settlement Agreement

dated 11.09.2019 and settled all their disputes amicably.

9. Respondent no.2 is personally present in Court with her learned

counsel and she has been identified by SI Yashpal/IO and submits that

matter has been settled and she does not wish to prosecute the matter any

further.

10. 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.

11. For the reasons afore-recorded, FIR No.78/2014, registered at PS -

CAW Cell, Nanakpura, Delhi and consequent proceedings emanating

therefrom are quashed.

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 JANUARY 28, 2021 rk