Manish & Ors vs State & Anr
2020 Latest Caselaw 123 Del

$~6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                       Date of decision: 09.01.2020

+     CRL.M.C. 6145/2019 & CRL.M.A. 41576/2019
      MANISH & ORS                                       ..... Petitioners
                         Through:      Ms. Rohi Bansal, Adv.

                         versus

      STATE & ANR                                  ..... Respondents
                         Through:      Mr. Izhar Ahmed, APP for State
                                       Ms. Rohi Bansal, Adv. for R-2
                                       ASI Parmanand, PS Sultan Puri

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

Crl. M.A. 41577-78/2019

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

CRL.M.C. 6145/2019

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

826/2017 dated 20.11.2017 registered at Police Station Sultan Puri 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 29.05.2015 as

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

Baby Bhumi (aged about 3 years). Due to extreme incompatibilities between

the petitioners and respondent no.2, they started living separately since

2016.

7. The petitioner no.1 and respondent no.2 with the intervention of their

well wishers and relatives entered into an amicable settlement before the

Delhi Mediation Centre, Rohini District Courts vide settlement/agreement

dated 13.07.2018 and settled all their disputes amicably.

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

identified by ASI Parmanand of Police Station Sultan Puri and submits that

matter has been settled and both petitioner no.1 and respondent no.2 have

been residing together as husband and wife, therefore, she does not wish to

prosecute the matter any further.

9. Taking into account the aforesaid facts, this Court is inclined to quash

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

any further.

10. For the reasons afore-recorded, the FIR No. 826/2017 dated

20.11.2017 registered at Police Station Sultan Puri and consequent

proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti.

13. Pending application stands disposed of.

(SURESH KUMAR KAIT) JUDGE JANUARY 09, 2020 ms