Sh. Ajay Sharma & Anr. vs State & Anr.
2019 Latest Caselaw 5219 Del

$~57
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 24.10.2019
+     CRL.M.C. 5518/2019 and CRL.M.A. 39190/2019 (Stay)
      SH. AJAY SHARMA & ANR.                   ..... Petitioners
                    Through: Mr. M.S. Oberoi and Ms. Priyanka
                             Toppo and Mr. Nitin Bajaj, Advs.
                    versus
      STATE & ANR.                                        ..... Respondents
                           Through:      Mr. Kamal Kr. Ghei, APP for State
                                         W/SI Sumedha, PS - Ashok Vihar
      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (ORAL)

CRL.M.A. 39191/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

CRL.M.C. 5518/2019

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

76/2011 dated 09.08.2011 registered at Police Station - C.A.W./ Nanak Pura

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 9.3.2008 as

per Hindu rites and rituals. One child was born out of the wedlock, namely,

Pavani.

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

amicable settlement vide settlement deed executed on 19.12.2015 and settled

all their disputes amicably.

8. The complainant is present in person in the Court with her counsel

and has been identified by SI - Sumedha 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. 76/2011 dated 09.08.2011

registered at Police Station -CAW, Nanak Pura and consequent proceedings

arising therefrom are quashed.

11. The petition is allowed accordingly.

12. Dasti.

(SURESH KUMAR KAIT) JUDGE OCTOBER 24, 2019 PB