Raj Kumar @ Rajji & ANR v. The State & ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19.11.2019 + CRL.M.C. 5871/2019 & CRL.M.A. 40592/2019 (stay) RAJ KUMAR @ RAJJI & ANR .....Petitioners Through Ms. Shalu, Adv. with petitioners in person versus THE STATE & ANR ..... Respondents Through Mr. K K Ghai, APP for State SI Ram Naresh, S.E. Distt. & SI Amit Prakash, PS Amar Colony Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) CRL. M.A. 40593/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.M.C.5871/2019 3.

Vide the present petition, the petitioners seek direction thereby quashing FIR No. 367/2016 dated 05.06.2016, registered at P.S. Amar Colony and all other proceedings emanating therefrom. 4.

Notice issued.

5.

Notice is accepted by learned APP for the State and respondent no.2 who is present in person.

6.

With the consent of the parties, the present petition is taken up for final disposal.

7.

The petitioner no.1 and respondent no.2 got married on 28.12.2007 in Gurudwara Singh Sabha of Garhi, Opp. ISKCON Temple, East of Kailash, New Delhi. One girl child was born out of the wedlock namely Anushree. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 28.01.2016. 7.

The present petition is filed on the ground that the parties have settled their disputes vide settlement dated 03.08.2019 before the Mediation Cell, Saket Courts, Delhi and they have started living together in a rented accommodation with their baby Anushree and accordingly, the respondent no.2 has no objection if the present petition is allowed. 8.

Respondent no.2 is personally present in Court and has been identified by SI Ram Naresh 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. 367/2016 dated 05.06.2016, registered at P.S. Amar Colony and all other proceedings emanating therefrom are quashed.

11.

The petition is allowed accordingly.

12.

The pending application stands disposed of.

13.

Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 19, 2019 sm