Himanshi Sharma & ORS v. The State Govt Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 109/2018 & CRL.M.A.No.668/18 HIMANSHI SHARMA & ORS ..... Petitioners Through :
Mr.M.M.Hashmi, Advocate.
versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through :
Ms.Richa Kapoor, ASC with SI Sandeep.
Ms.Shimpy Arman Sharma, Advocate with Mr.U.K. Dogra, Advocate for R4/ complainant along with complainant in person.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
O R D E R
% 12.02.2018 1.
The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioners for quashing of FIR No.221/2017 registered under Section 363 IPC at PS Sagarpur. Status report is on record.
2.
I have heard the learned counsel for the parties including the complainant's counsel and have examined the file. The complainant / respondent No.4 has no objection to the quashing of the FIR in question. It is informed that in W.P.(Crl.) 3000/2017 the prosecutrix has already been appeared and the said proceedings have been disposed of.
3.
It is further informed that both the petitioners, after marriage are living together.
The prosecutrix has informed that she had accompanied the petitioner No.2 with her free consent. She did not level any allegation of kidnapping / abduction. Earlier in W.P.(C) 55914/2017 they were granted protection by the High Court of Allahabad. At that time, marriage certificate was placed on record by the petitioners.
4.
Since the petitioners have married each other with their free consent and are living together, no useful purpose will be served to continue with the present FIR particularly when the prosecutrix' mother has no objection to it. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.221/2017 under Section 363 IPC at PS Sagarpur and all the proceedings arising therefrom are quashed.
5.
The writ petition stands disposed of accordingly. Pending application also stands disposed of.
S.P.GARG, J.
FEBRUARY 12, 2018 / tr