Ashwani Kumar vs The State & Anr.
2020 Latest Caselaw 1196 Del

$~62
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:20.02 .2020

+      CRL.M.C. 962/2020
       ASHWANI KUMAR                                       ..... Petitioner
                          Through       Ms.Diksha Mathur and Mr.Mohit
                                        Bangwal, proxy counsel
                          versus

       THE STATE & ANR.                                  .... Respondents
                     Through            Mr. Amit Chadha, APP for State with
                                        W/ASI Kaushilya, PS Anand Parbat,
                                        Delhi
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 3909/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.962/2020

3. Vide the present petition, petitioner seeks direction for quashing of

FIR No.0103/2019 registered at Police Station Anand Parbat, Delhi and

consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2

present in Court and with the consent of counsel for parties, present petition

is taken up for final disposal.

6. Case of the prosecution is that complainant/respondent No.2 and

petitioner were having friendly relations since December, 2018 as petitioner

was living in Delhi and both met each other in marriage of a friend of

complainant, namely Tanvi, thereafter, they became close friends and

intended to marry, however, due to some unavoidable circumstance,

petitioner went to his native village and could not contact complainant.

Hence, complainant had a doubt on petitioner, therefore, she lodged a

complaint against petitioner which culminated into FIR.

7. Respondent No.2 is personally present in Court and has been

identified by W/ASI Kaushilya (IO). She states that physical intimation

between her and petitioner was consensual and they both wanted to marry,

however, due to doubt aroused in her mind, she lodged the complaint. Thus,

she made a false complaint against petitioner due to which FIR in question

was registered.

8. On her statement before this Court, she is liable for prosecution,

however, she and petitioner got married on 27.7.2019 and they have been

living as husband and wife happily and if petitioner is directed to face trial,

it would be great injustice with the couple, therefore, I refrain from

prosecuting respondent No.2.

9. Keeping in view settlement arrived at between parties and the fact that

petitioner and respondent No.2 are married, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioners any

further.

10. For the reasons afore-recorded, FIR No.0103/2019 registered at Police

Station Anand Parbat, Delhi and consequent proceedings emanating

therefrom are quashed.

11. The petition is, accordingly, allowed and disposed of.

12. Order dasti

(SURESH KUMAR KAIT) JUDGE FEBRUARY 20, 2020/rk