Manohar Singh vs State & Anr.
2021 Latest Caselaw 528 Del

$~31
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Date of decision: 16.02.2021
+      CRL.M.C. 478/2021 & Crl.M.A. 2480-81/2021
       MANOHAR SINGH                                     ..... Petitioner
                   Through:            Mr. Ashwin Vaish & Mr. Vinod
                                       Pandey, Advocates

                          Versus
       STATE & ANR.                                ..... Respondents
                          Through:     Mr. Amit Chadha, Additional
                                       Public Prosecutor for respondent
                                       No.1/State with SHO Mukesh
                                       Kumar and SI Satish Kumar, PS
                                       Ambedkar Nagar
                                       Mr. Kalicanaran, respondent No.2
                                       in person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

1. Petitioner seeks quashing of FIR No. 130/2012, u/s 363 IPC,

registered at police station Ambedkar Nagar, Delhi in this petition.

2. The FIR in question was registered at the instance of respondent

No.2 against the petitioner, who is grandfather of the prosecutrix.

3. Learned counsel appearing on behalf of petitioner submits that the

subject matter of this FIR stands amicably resolved in terms of

Settlement Agreement dated 07.02.2013 reached through Delhi High

Court Mediation and Conciliation Centre. It is submitted by learned

counsel that marriage between petitioner and prosecutrix/Shalu,

granddaughter of respondent No.2, was solemnized on 04.05.2012 and

since then they are happily living together as husband and wife.

4. Notice issued.

5. Mr. Amit Chahda, learned Additional Public Prosecutor for State

accepts notice and submits that complainant of the FIR is present

through video conferencing and he has been identified by the

Investigating Officer of this case, who is also present through video

conferencing.

6. Learned Additional Public Prosecutor for State has drawn

attention of this Court to the fact that another FIR No.16/2012 was also

registered at police station Lodhi Colony, New Delhi against the

petitioner at the instance of father of the prosecutrix and the said FIR

and proceedings arising therefrom, have already been quashed by order

dated 29.11.2013 of this Court. Learned Additional Public Prosecutor

for State further submits that the factum of marriage between petitioner

and prosecutrix stands verified.

7. Respondent No.2 present through video conferencing submits that

Shalu (prosecutrix) is his granddaughter and she is happily living with

petitioner.

8. Learned counsel for petitioner submits that the instant FIR was

registered due to some misunderstanding, which was cleared long ago

and since petitioner and proseuctrix are leading a happy married life,

the FIR in question deserves to be quashed.

9. Taking into account the aforesaid facts and the fact that the

petitioner and prosecutrix have already married on 04.05.2012 and

respondent No.2/complainant has no objection to the quashing of the

FIR, this Court is inclined to quash the present FIR as no useful purpose

would be served in prosecuting petitioner any further.

10. For the reasons afore-recorded, FIR No. 130/2012, u/s 363 IPC,

registered at police station Ambedkar Nagar, Delhi and all other

proceedings arising therefrom are quashed.

11. The petition and pending applications are accordingly disposed

of.

12. The order be uploaded on the website forthwith.

SURESH KUMAR KAIT, J FEBRUARY 16, 2021/r