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HIGH COURT OF DELHI
Date of Decision: 15.01.2020
VINIT GARG & ANR ..... Petitioners
Through: Mr. Brijesh K., Adv.
& ANR ..... Respondents
Through: Mr. Izhar Ahmad, APP for State with
SI Sanjay Kumar, PS – Mayur Vihar
Mr. Kedar Yadav, Adv. for R-2 with R-2 in person
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
3. Vide the present petition, the petitioners seek quashing of FIR NO. 1276/2013 dated 05.12.2013 registered at Police Station – Shakarpur, Delhi and consequent proceedings arising therefrom.
4. Notice issued. 2020:DHC:245
5. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.
6. The marriage between petitioner no.1 and sister (Smt. Monika) of respondent no.2 was solemnized on 16.02.2010 as per Hindu rites and ceremonies and out of the said wedlock, one male child, namely, Divit Garg was born out.
7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed/ MOU dated 02.11.2019 and settled all their disputes amicably.
8. The complainant/ R-2 is present in person with his counsel and has been identified by SI Sanjay Kumar of Police Station – Mayur Vihar and submits that matter has been settled and he does not wish to prosecute the matter any further.
9. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioners any further.
10. For the reasons afore-recorded, the FIR No. 1276/2013 dated 05.12.2013 registered at Police Station – Shakarpur, Delhi and consequent proceedings arising therefrom are quashed.
11. The petition is allowed and disposed of accordingly. Dasti.
JUDGE JANUARY 15, 2020 PB