Shri Abhishek Kumar Shrirang & Ors vs State & Anr.
2019 Latest Caselaw 5816 Del

$~58
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 20.11.2019

+      CRL.M.C. 5876/2019
       SHRI ABHISHEK KUMAR SHRIRANG & ORS. ..... Petitioners
                          Through       Mr. Alok, Adv with petitioners in
                                        person

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State
                                        SI Puja Saini,PS Parliament Street
                                        Mr. Kapil Jain, Adv for R-2 withR-2
                                        in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 40652/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5876/2019

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

quashing FIR No.66/2017 dated 05.08.2017, registered at P.S. Parliament

Street and all other proceedings emanating therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and learned counsel

for respondent no.2.

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 08.03.2014 as

per Hindu rites and ceremonies and one girl child namely Tanya, was born

out of the said wedlock. Due to extreme incompatibilities between the

petitioner no.1 and respondent no.2, they started living separately.

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

their disputes vide settlement dated 06.07.2019 before the Delhi Mediation

Centre, Patiala House Courts, New Delhi and they have started living

together in a rented accommodation with their child Tanya 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 Puja Saini 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.66/2017 dated 05.08.2017,

registered at P.S. Parliament Street and all other proceedings emanating

therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 19, 2019 sm