Manish Aggarwal vs The State & Anr
2019 Latest Caselaw 4713 Del

$~75
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of decision: 30.09.2019
+      CRL.M.C. 5017/2019
       MANISH AGGARWAL                             ..... Petitioner
                   Through:             Mr. M. Gupta, Adv.
                     versus
       THE STATE & ANR                                   ..... Respondents
                     Through:           Mr. Kamal Kumar Ghai, APP for
                                        State
                                        Ms. Geetanksha Dhingra, Adv. for R-
                                        2
                                        W/ASI Neeraj, PS Dabari
       CORAM:
    HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                    J U D G M E N T (ORAL)

CRL.M.A. 37353/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.A. 37354/2019

3. In view of the reasons stated in the present application, the delay in

filing the petition is allowed.

CRL.M.C. 5017/2019

4. Vide the present petition, the petitioner seeks quashing of FIR No.

389/2013 dated 17.07.2013 registered at Police Station Dabri and

consequent proceedings arising therefrom.

5. Notice issued.

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

respondent no.2.

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

taken up for final disposal.

8. The petitioner no.1 and respondent no.2 got married on 19.02.2003 as

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

petitioner and respondent no.2, they have started living separately from

06.07.2012.

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

wishers and relatives entered into an amicable settlement vide settlement

deed dated 01.01.2016 and settled all their disputes amicably.

10. The complainant is present in person with her learned counsel and has

been identified W/ASI Neeraj of Police Station Dabri and submits that the

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

further.

11. 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.

12. For the reasons afore-recorded, the FIR No. 389/2013 dated

17.07.2013 registered at Police Station Dabri and consequent proceedings

emanating therefrom are quashed.

13. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 30, 2019 ms