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High Court of DelhiCRL.M.C./5770/2019

Gajender Shokeen @ Sonu & ORS. v. State & ANR.

2019-11-15Hon'Ble Mr. Justice Suresh Kumar Kait3 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 15.11.2019 + CRL.M.C. 5770/2019 GAJENDER SHOKEEN @ SONU & ORS.

..... Petitioners Through Mr. Sujeet Beniwal, Adv with petitioners in person versus STATE & ANR.

..... Respondents Through M. K. K. Ghai, APP for State SI Mohit Malik, PS S B Dairy Mr. Jaideep Malik, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) Crl. M.A. 40227/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

3.

Vide the present petition, the petitioners seek quashing of FIR No.26/2016 dated 09.01.2016 registered at Police Station Shahbad Dairy and consequent proceedings arising therefrom. 4.

Notice issued.

5.

Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 6.

The petitioner and respondent no.2 got married on 16.05.2010 as per Hindu rites and rituals. It is submitted that though initially some differences cropped up between them due to some matrimonial disputes, but now with the intervention of their well wishers and relatives have entered into an amicable settlement and settled all their disputes and they have started living together.

7.

The respondent no. 2, who is present in the Court, has been identified by SI Mohit Malik/ I.O. She admits the factum of settlement arrived at with the petitioner and submits that she does not wish to prosecute the matter any further.

8.

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.

6.

9.

In view of the settlement and the fact that the petitioner and respondent no.2 are staying together as husband and wife, all the proceedings pending interse, including the afore-noted FIR No.26/2016

dated 09.01.2016 registered at Police Station Shahbad Dairy and consequent proceedings arising therefrom are hereby quashed. 10.

The petition is allowed accordingly.

12.

Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 15, 2019 sm