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HIGH COURT OF DELHI
W.P.(CRL) 851/2013
SMT MUNNI DEVI Petitioner
Through ; Mr.Parminder Singh Goindi, Adv. along with petitioner.
Through : Mr.Saleem Ahmed, Adv. for respondents no.l to 3.
Respondent no.4 in person.
HON'BLE MR. JUSTICE G.P. MITTAL
ORDER o/o 13.08.2013
JUDGMENT
1. Present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a direction to the State to recover and produce her daughter, Arti, before this Court and initiate appropriate proceedings against respondent no.4.
2. Pursuant to the directions issued by this Court on 10.7.2013, Arti, daughter of the petitioner, and Vinay, husband of Arti, are present in Court. Vinay's mother and aunt (mother's sister) are also present in Court along with Vinay.
3. We have heard the parties and their counsel in the Chamber. As per the petitioner, her daughter, Arti, is a minor being 15 years of age. This fact is disputed by Arti. Arti has produced in Court her Adhar Card as per which her date of birth is shown as 2.8.1995. Arti has also produced a copy of the family register in which her yearof birth is shown as 1994. Both, Vinay and Arti, submit that they had got conducted an ossification test on Arti at Etah, Uttar Pradesh, as per which she is about 18 years of age. 2013:DHC:8091-DB v.-'
4. Arti has reiterated that she does not wish to join her parents and wishes to stay with her husband, Vinay. Mother of Vinay states that she has accepted the marriage of Vinay and Arti. After the matter was taken up in the Chamber the parents of Arti have also reconciled to the marriage of their daughter with Vinay.
5. Accordingly, as agreed, Arti shall join her husband forthwith. Parties further agree that all complaints, disputes and differences stand settled and they will withdraw all their complaints filed against each other.
6. Learned counsel for the petitioner points out that the petitioner has lodged an FIR bearing No.93 dated 3.3.2013 under Section 363 IRC at Police Station Sangam Vihar against the respondent no.4. Parties pray that in view of the settlement between them FIR No.93 be quashed.
7. In view of the settlement arrived at between the parties, taking into consideration the report of the ossification test and having regard to the stand taken by the parties, FIR No.93 dated 3.3.2013 under Section 363 IPG at Police Station Sangam Vihar stands quashed.
8. Writ petition stand disposed of in above terms.
9. Let a copy of this order be given DASTI to the parties under the signature of Court Master. G.S.SISTANirj G.P. MITTAL, J AUGUST 13, 2013 msr/