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HIGH COURT OF DELHI
Date of Decision: 14th October, 2020
DR. AMITA SEKHAR PADHY & ORS. ..... Petitioners
Through: Mr. Shahroz Bakshi, Advocate
COUNSEL & ANR. ..... Respondents
Through: Mr. Panna Lal Sharma, APP for State with SI Amit Sehrawat, PS Hari
Nagar, Respondent no.2 in person
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Applications are disposed of. CRL.M.C. 1976/2020 and CRL.M.A. 14150/2020 (stay)
3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 0263/2018, registered at PS – Hari Nagar and all other proceedings arising therefrom. 2020:DHC:3016
4. Notice issued.
5. Notice is accepted by the learned APP for State. 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 16.04.2011 as per Hindu rites and rituals. Due to temperamental differences between petitioner No.1 and respondent No.2, they started living separately from 03.10.2016.
7. Petitioners and respondent No.2 entered into an amicable settlement vide Memorandum of Settlement dated 04.09.2018 and settled all their disputes amicably.
8. Respondent No. 2 is present in person through video conferencing and has been identified by SI Amit Sehrawat / Investigating Officer 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. 0263/2018 registered at PS – Hari Nagar, Delhi and consequent proceedings emanating therefrom are quashed.
11. The petition is, accordingly, allowed and disposed of.
12. Pending application also stands disposed of.
13. The order be uploaded on the website forthwith.
JUDGE OCTOBER 14, 2020 SU