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High Court of DelhiW.P.(CRL)/639/2019

Sandeep @ Sonu & ORS v. The State( Govt Of NCT Of Delhi) & ANR

2019-02-28Hon'Ble Mr. Justice Najmi Waziri2 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 639/2019, CRL.M.A. 4558/2019 SANDEEP @ SONU & ORS ..... Petitioners Through: Mohd. Salim, Adv.

versus THE STATE (GOVT OF NCT OF DELHI) & ANR. .... Respondents Through:

Mr. Ashish Aggarwal, ASC with Mr.

Piyush Singhal, Adv. with ASI Chatarpal Singh, PS Jafrabad.

Mr. S.K. Jha & Mr. P.P. Singh, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 28.02.2019 This petition seeks quashing of FIR No. 62/2013 registered under sections 498A/406/34 IPC at Police Station, Jafrabad, Distt. North East Delhi on a complaint by the complainant/respondent No. 2 apropos matrimonial lis. The matrimony has been ended by way of decree of divorce dated 19.04.2018. The lis has been amicably settled between the parties by way of a Settlement Agreement, whereunder an amount of Rs. 6 lacs was to be paid to the complainant/respondent No. 2, of which the remaining amount of Rs. 1 lac has been paid to her and has been acknowledged by her counsel. The parties are present in the Court and have been identified by their respective counsel. The learned counsel for the complainant submits upon instructions that the complainant does not wish to pursue her complaint any further and rather would like to put her

unfortunate past behind her and look for happier times in life. Since the complainant herself does not wish to pursue her complaint against the petitioners, the substratum of the FIR dissipates and proceedings apropos the same would be an exercise in futility. Following the dicta of the Supreme Court in Gian Singh Vs. State of Punjab and Another (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466 and Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, a case is made out for quashing of the FIR. In view of the above, the aforesaid FIR and all the proceedings emanating therefrom are hereby quashed.

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