Mamta Soni v. State Govt Of NCT Of Delhi& ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 32/2019, CRL.M.A. 194/2019 MAMTA SONI ..... Petitioner Through:

Mr. K. Singhal, Advocate.

versus STATE GOVT OF NCT OF DELHI& ORS.

.... Respondents Through:

Mr. Rajesh Mahajan, ASC for State alongwith Ms.

Jyoti Babbar, Advocate with SI B. Singh, PS-Kirti Nagar.

Mr. Kushal Kumar, Advocate for R-4 alongwith R-4 .

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 28.02.2019 The parties are present in the Court and have been identified by the Investigating Officer. Since the petitioner does not have a counsel, accordingly, Mr. K. Singhal, Advocate, who is present in Court, is appointed as her counsel.

Since respondent no. 4 too does not have a counsel, Mr. Kushal Kumar, Advocate, who is present in the Court, is appointed as his counsel. He states, upon instructions, that the petitioner and respondent no. 4 have married each other of their free volition. The parents of the said parties have accepted the marriage and have planned social ceremonies to celebrate the marriage of the petitioner and respondent no. 4 and the young couple have blessings of both sides of their families. Petitioner no. 1 is carrying a child

and is being treated at a government hospital. Let due medical care be provided to her.

Mr. Rajesh Mahajan, the learned Additional Standing Counsel for the State submits that the aforesaid facts have been verified. Since the petitioner has been recovered and her matrimony has been accepted, the substratum of the complaint/FIR dissipates and any further proceeding apropos the same FIR would be an exercise in futility. It would, therefore, be in the interest of justice to quash the FIR in question. Accordingly, the FIR No. 338/2018 registered at Police Station, Kirti Nagar under section 363 IPC and all the proceedings arising therefrom are quashed.

The petition stands disposed-off in the above terms. NAJMI WAZIRI, J FEBRUARY 28, 2019 RW