Shamait Kumar Tomar & Anr. vs State & Anr.
2019 Latest Caselaw 5939 Del

$~54
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 Date of decision: 25.11.2019

+      CRL.M.C. 5976/2019 & CRL.M.A. 40984/2019-Stay
       SHAMAIT KUMAR TOMAR & ANR.            ..... Petitioners
                   Through: Mr. Dhananjai Rana, Mr. Vipin
                            Yadav, Advocate for petitioner No.1
                            and 2
                   versus

       STATE & ANR.
                                                               ..... Respondent
                           Through:     Mr. K.K. Ghai, Additional Public
                                        Prosecutor for the State with ASI
                                        Dharambir Sharma, PS Gandhi
                                        Nagar, Delhi
                                        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. 40985/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.A. 40986/2019

3. In view of the reasons stated in the application, the application is

allowed and disposed of.

CRL.M.C 5976/2019

1. Vide the present petition, the petitioner seeks direction thereby

quashing FIR No. 301/2016 dated 15.07.2016, registered at PS Gandhi

Nagar and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State 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 28.05.2013

as per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately from

07.10.2015

7. The petitioner and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide memorandum

of understanding dated 10.08.2019 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been

identified by SI Dharambir Singh of Police Station PS Gandhi Nagar 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, FIR No. 301/2016 dated 15.07.2016,

registered at PS Gandhi Nagar and consequent proceedings emanating

therefrom are quashed.

11. The petition is allowed accordingly.

12. Pending application also stands disposed of.

13. Order dasti

(SURESH KUMAR KAIT) JUDGE NOVEMBER 25, 2019 pkb