Vivek Sharma & Ors vs The State & Anr
2019 Latest Caselaw 4757 Del

$~38
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 01.10.2019.

+      CRL.M.C. 5037/2019
       VIVEK SHARMA & ORS                                 ..... Petitioners
                   Through:              Mr. Vikrant Choudahry, Adv.

                          versus

       THE STATE & ANR                                ..... Respondents
                     Through:            Mr. Izhar Ahmad, APP for State
                                         Mr. Kishan Singh Chauhan, Adv. for
                                         R-2
                                         SI S. Singh, PS Jaitpur, ASI Kunji Lal
                                         ASI Bhagwan Das, PS Jait Pur

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 37445/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5037/2019

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

0146/2016 dated 23.03.2016 registered at Police Station Jaitpur and

consequent proceedings arising therefrom.

4. Notice issued.

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

respondent no.2 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 24.11.2012 as

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

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

28.02.2014

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

wishers and relatives entered into an amicable settled on 30.05.2017 and

settled all their disputes amicably.

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

identified by ASI Kunji Lal of Police Station JaitPur and submits that for the

last two years she is living in her matrimonial home with her husband.

Counsel for the petitioner submits that in the said petition, there are six

petitioners, however, the present petition is filed on behalf of five petitioners

and submits that since the matter has been settled between the parties,

concerned FIR may be quashed against the remaining petitioner also namely

Ms. Vandana. Complainant has no objection if the concerned FIR is quashed

against all the petitioners in the petition including Vandana. 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 0146/2016 dated 23.03.2016,

registered at Police Station Jaitpur and consequent proceedings therefrom

are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE OCTOBER 01, 2019 ms