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HIGH COURT OF DELHI
Date of Decision: 20.11.2019
AMAN MAMTAHNI & ORS. ..... Petitioners
Through: Mr. Ajay Chaudhary, Adv. for petitioner Nos. 1 to 5
Through: Mr. Izhar Ahmad, APP for State with W/SI Reema/IO and SI Badlu Ram, PS – Janakpuri, Delhi
Mr. Siddhant Gandas, 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. 370/2017 dated 27.08.2017 registered at Police Station – Janakpuri, Delhi and consequent proceedings arising therefrom. 2019:DHC:6152
4. Notice issued.
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 petitioner no.1 and respondent no.2 got married on 15.07.2007 as per Hindu rites and rituals. One child was born out of the wedlock, namely, Nanakjot Singh @ Chinmay Mamtani. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 15.04.2012.
7. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide mediation settlement deed dated 06.05.2019 and settled all their disputes amicably. It is stated by respondent no.2 that she has received the entire settlement amount.
8. The complainant is present in person with her counsel and has been identified by W/SI – Reema of Police Station – Janakpuri, Delhi 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 the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.
10. For the reasons afore-recorded, the FIR No. 370/2017 dated 27.08.2017 registered at Police Station – Janakpuri, Delhi and consequent proceedings arising therefrom are quashed.
11. The petition is allowed accordingly.
12. Dasti.
JUDGE NOVEMBER 20, 2019 PB