Ashok Garg vs State & Anr.
2019 Latest Caselaw 6049 Del

$~53
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 27.11.2019

+      CRL.M.C. 6044/2019
       ASHOK GARG                                          ..... Petitioner
                          Through       Mr. Vijay Kasana, Adv. with
                                        petitioner in person

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State
                                        SI CL Kaphungkar, PS Keshavpuram
                                        Mr. Brijesh Yadav, 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. 41251/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.6044/2019

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

quashing FIR No. 481/2017 dated 09.09.2017, registered at P.S. Keshav

Puram and all other proceedings emanating therefrom.

4. Notice issued.

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

respondent no.2.

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

taken up for final disposal.

7. The case of the prosecution is that the aforementioned FIR was

lodged on the complaint received from the complainant / respondent no. 2

that, on 08/09/2017 her husband, petitioner herein, had forcefully confined

her in their room and beaten her up. She also mentioned in her complaint

that she wants that her husband behaves well with her and does not beat her

ever again.

8. The present petition is filed on the ground that with the intervention

of well-wishers and common friends and with the intention to put an end to

disputes among themselves, the parties have amicably settled their disputes

amicably in August, 2019 and have been living together as husband and wife

since then.

9. Respondent No. 2 is personally present in Court with learned counsel

and has been identified by SI CL Kaphungkar /IO and submits that matter

has been settled and she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, the FIR No. 481/2017 dated

09.09.2017, registered at P.S. Keshav Puram and all other proceedings

emanating therefrom are quashed.

12. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 27, 2019 sm