Raj Kumar @ Rajji & Anr vs The State & Anr
2019 Latest Caselaw 5774 Del

$~59
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 19.11.2019

+      CRL.M.C. 5871/2019 & CRL.M.A. 40592/2019 (stay)
       RAJ KUMAR @ RAJJI & ANR                  .....Petitioners
                    Through   Ms. Shalu, Adv. with petitioners in
                              person

                          versus

       THE STATE & ANR                                   ..... Respondents
                     Through            Mr. K K Ghai, APP for State
                                        SI Ram Naresh, S.E. Distt. & SI Amit
                                        Prakash, PS Amar Colony
                                        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. 40593/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5871/2019

3. Vide the present petition, the petitioners seek direction thereby

quashing FIR No. 367/2016 dated 05.06.2016, registered at P.S. Amar

Colony and all other proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and respondent no.2

who is present in person.

6. With the consent of the parties, the present petition is taken up for

final disposal.

7. The petitioner no.1 and respondent no.2 got married on 28.12.2007 in

Gurudwara Singh Sabha of Garhi, Opp. ISKCON Temple, East of Kailash,

New Delhi. One girl child was born out of the wedlock namely Anushree.

Due to extreme incompatibilities between the petitioners and respondent

no.2, they started living separately from 28.01.2016.

7. The present petition is filed on the ground that the parties have settled

their disputes vide settlement dated 03.08.2019 before the Mediation Cell,

Saket Courts, Delhi and they have started living together in a rented

accommodation with their baby Anushree and accordingly, the respondent

no.2 has no objection if the present petition is allowed.

8. Respondent no.2 is personally present in Court and has been

identified by SI Ram Naresh 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. 367/2016 dated

05.06.2016, registered at P.S. Amar Colony and all other proceedings

emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. The pending application stands disposed of.

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 19, 2019 sm