Gajender Shokeen @ Sonu & Ors vs State & Anr.
2019 Latest Caselaw 5668 Del

$~69
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 15.11.2019
+      CRL.M.C. 5770/2019
       GAJENDER SHOKEEN @ SONU & ORS.                      ..... Petitioners
                          Through       Mr. Sujeet Beniwal, Adv with
                                        petitioners in person

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       M. K. K. Ghai, APP for State
                                        SI Mohit Malik, PS S B Dairy
                                        Mr. Jaideep Malik, Adv for R-2 with
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 40227/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5770/2019

3. Vide the present petition, the petitioners seek quashing of FIR

No.26/2016 dated 09.01.2016 registered at Police Station Shahbad Dairy

and consequent proceedings arising therefrom.

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 and respondent no.2 got married on 16.05.2010 as per

Hindu rites and rituals. It is submitted that though initially some differences

cropped up between them due to some matrimonial disputes, but now with

the intervention of their well wishers and relatives have entered into an

amicable settlement and settled all their disputes and they have started living

together.

7. The respondent no. 2, who is present in the Court, has been identified

by SI Mohit Malik/ I.O. She admits the factum of settlement arrived at with

the petitioner and submits that she does not wish to prosecute the matter any

further.

8. 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

petitioner any further.

6. 9. In view of the settlement and the fact that the petitioner and

respondent no.2 are staying together as husband and wife, all the

proceedings pending interse, including the afore-noted FIR No.26/2016

dated 09.01.2016 registered at Police Station Shahbad Dairy and

consequent proceedings arising therefrom are hereby quashed.

10. The petition is allowed accordingly.

12. Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 15, 2019 sm