Ashok Garg v. State & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27.11.2019 + CRL.M.C. 6044/2019 ASHOK GARG ..... Petitioner Through Mr. Vijay Kasana, Adv. with petitioner in person versus STATE & ANR.

..... Respondents Through Mr. Izhar Ahmed, APP for State SI CL Kaphungkar, PS Keshavpuram Mr. Brijesh Yadav, 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. 41251/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

3.

Vide the present petition, the petitioner seeks direction thereby quashing FIR No. 481/2017 dated 09.09.2017, registered at P.S. Keshav Puram and all other proceedings emanating therefrom.

4.

Notice issued.

5.

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

6.

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

7.

The case of the prosecution is that the aforementioned FIR was lodged on the complaint received from the complainant / respondent no. 2 that, on 08/09/2017 her husband, petitioner herein, had forcefully confined her in their room and beaten her up. She also mentioned in her complaint that she wants that her husband behaves well with her and does not beat her ever again.

8.

The present petition is filed on the ground that with the intervention of well-wishers and common friends and with the intention to put an end to disputes among themselves, the parties have amicably settled their disputes amicably in August, 2019 and have been living together as husband and wife since then.

9.

Respondent No. 2 is personally present in Court with learned counsel and has been identified by SI CL Kaphungkar /IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

10.

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.

11.

For the reasons afore-recorded, the FIR No. 481/2017 dated 09.09.2017, registered at P.S. Keshav Puram and all other proceedings emanating therefrom are quashed.

12.

The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 27, 2019 sm