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High Court of DelhiCRL.M.C./1976/2020

Dr. Amita Sekhar Padhy & ORS. v. State (Govt. Of NCT Of Delhi) Through Its Standing Counsel & ANR.

2020-10-14Hon'Ble Mr. Justice Suresh Kumar Kait3 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th October, 2020 + DR. AMITA SEKHAR PADHY & ORS.

..... Petitioners Through:

Mr. Shahroz Bakshi, Advocate versus STATE (GOVT. OF NCT OF DELHI) THROUGH ITS STANDING COUNSEL & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP for State with SI Amit Sehrawat, PS Hari Nagar, Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) CRL. M.A. 14148/2020 & 14149/2020 (exemptions) 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.

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. (SURESH KUMAR KAIT) JUDGE OCTOBER 14, 2020 SU