Vikas And Another v. State Of N.C.T. Of Delhi And Others

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2246/2024 VIKAS AND ANOTHER .....Petitioners Through:

Mr. Faiz Imam, Adv.

versus STATE OF N.C.T. OF DELHI AND OTHERS .....Respondents Through:

Mr. Hitesh Vali, APP for State SI Jyoti & SI Kapil PS Timarpur.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 19.09.2024 1.

This petition has been filed seeking quashing of FIR No.256/2018 under Sections 363 IPC, registered at P.S. Timarpur on the basis of settlement arrived at between the parties in terms of 'No Objection' given by respondent no.2/complainant.

2.

It is stated that FIR was registered due to concerns about relationship between petitioner no.1 and respondent no.2 leading to allegations of kidnapping. Petitioner no.1 and respondent no.2 married voluntarily and their marriage has been registered.

3.

Status report has been filed verifying factum of marriage of petitioner no.1 with respondent no.2 on 30th November 2022 and marriage registration certificate has also been appended along with the Status report. The status report further verifies birth of male child out of this wedlock. 4.

Petitioner nos. 1 and 2 and respondent no.2 and 3 are present in the Court and duly identified by the IO.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2024 at 11:53:51

5.

Complainants state that they have no objection to quashing of the FIR considering that the parties are living together in peace and harmony as a married couple and family issues have been resolved. 6.

APP for the State however objects to quashing of this petition in light of the fact that charges have been framed.

7.

However, in the facts and circumstances of the matter, as noted above, the Court is of the opinion that no purpose would be served in continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.256/2018 under Sections 363 IPC, registered at P.S. Timarpur and proceedings emanating therefrom are quashed.

8.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

9.

Order be uploaded on the website of this ANISH DAYAL, J SEPTEMBER 19, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2024 at 11:53:51