Faisal v. Govt. Of NCT Of Delhi

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 502/2019 FAISAL ..... Petitioner Through:

Mr. A.N. Shukla, Advocate versus GOVT. OF NCT OF DELHI ..... Respondent Through:

Mr. Hirein Sharma, APP for State with SI Jeetendra Singh, P.S. Bharat Nagar.

Ms. Pallavi Sharma Kansal and Ms.

Ashu Chaudhary, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 15.11.2019 Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 410/2016 dated 31.08.2016, registered at PS - Bharat Nagar, for the offences punishable under Sections 376 IPC and all other proceedings Notice issued.

Notice is accepted by learned APP for the State and counsel for the respondent no.2.

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

The present petition is filed on the ground that the parties have settled their disputes and the respondent No.2 has no objection if the present petition is allowed.

Respondent no.2 is personally present in Court with learned counsel - Ms. Pallavi Sharma and they have been identified by SI Jeenten der Singh and submits that matter has been settled and staying together as husband and wife, thus she does not wish to prosecute the matter any further. Since the petitioner and respondent No. 2/ complainant are husband and wife and due to some misunderstandings, the respondent No. 2 had filed complaint which has been culminated in the FIR mentioned above. If this Court does not quash the FIR their relations as husband and wife will remain disturbed. Therefore, in the interest of justice, FIR is to be quashed. 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 petitioner any further.

For the reasons afore-recorded, the FIR No. 410/2016 dated 31.08.2016, registered at PS - Bharat Nagar, instituted for the offences punishable under Sections 376 IPC and consequent proceedings emanating therefrom are quashed.

The petition is allowed accordingly.

Order dasti SURESH KUMAR KAIT, J NOVEMBER 15, 2019 Aj