Asa Singh & Ors vs State Of Nct Of Delhi & Anr
2019 Latest Caselaw 4873 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:11.10.2019
+      CRL.M.C. 5114/2019
       ASA SINGH & ORS                                    ..... Petitioners
                     Through:           Mr. Harjeet Narang, Mr. Anuj
                                        Baawra, Advs. with Petition Nos. 1-3
                          versus
       STATE OF NCT OF DELHI & ANR               ..... Respondents
                     Through: Mr.Panna Lal Sharma, APP for State
                               SI Vinod Kumar, PS - Tilak Nagar
                               Mr. Vipin, 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. 37780/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5114/2019

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

439/2017 dated 03.09.2017 registered at Police Station- Tilak Nagar, Delhi

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 29.01.2006

as per Hindu rites and rituals. One female child, namely, Simran Kaur, was

born out of this wedlock. Due to extreme incompatibilities between the

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

7. The petitioner No. 1 and respondent no.2 have entered into an

amicable settlement vide settlement deed dated 23.09.2018 and settled all

their disputes amicably. It is further submitted that the settlement between

the parties shall be consideration less and the custody of the female child

shall remain with the petitioner No. 1.

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

identified by SI Vinod Kumar 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. 439/2017 dated

03.09.2017 registered at Police Station- Tilak Nagar, Delhi and consequent

proceedings arising therefrom are quashed.

11. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE

OCTOBER 11, 2019 PB