Nidhish Rai & Ors. vs State & Anr.
2019 Latest Caselaw 6106 Del

$~50
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 28.11.2019

+      CRL.M.C. 6084/2019
       NIDHISH RAI & ORS.                                  ..... Petitioners
                          Through        Mr. Amit K. Pandey, Adv. with
                                         petitioners in person

                          versus

       STATE & ANR.                                   ..... Respondents
                          Through        Mr. Izhar Ahmad, APP for State
                                         SI Dheeraj Singh, PS Farsh Bazar
                                         Mr. Nikhil Tripathi, 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. 41376/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 6084/2019

1. Vide the present petition, the petitioners seek quashing of FIR No.

847/2014 dated 31.10.2014 registered at Police Station Farsh Bazar, District

East Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. The petitioner no.1 and respondent no.2 got married on 07.02.2013 as

per Hindu rites and rituals. However, due to extreme incompatibilities

between the petitioners and respondent no.2, they started living separately

from 27.02.2014.

5. The petitioner and respondent no.2 have amicably settled all their

disputes and differences before the Mediation Centre, Karkardooma Courts,

Delhi., vide memorandum of settlement deed dated 06.01.2015 and are now

residing together since 15.01.2019 and have been blessed with two children

namely, one daughter namely Nivedita and a son namely, Parth.

6. The respondent no.2/complainant is present in person with her

counsel and has been identified by SI Dheeraj Singh of Police Station Farsh

Bazar and submits that matter has been settled and she does not wish to

prosecute the matter any further.

5. 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.

6. For the reasons afore-recorded, the FIR No. 847/2014 dated

31.10.2014 registered at Police Station Farsh Bazar, District East Delhi and

consequent proceedings arising therefrom are quashed.

7. The petition is allowed accordingly.

8. Order dasti

(SURESH KUMAR KAIT) JUDGE NOVEMBER 28, 2019 sm