← Library
High Court of DelhiCRL.M.C./6084/2019

Nidhish Rai & ORS. v. State & ANR.

2019-11-28Hon'Ble Mr. Justice Suresh Kumar Kait3 pages

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28.11.2019 + NIDHISH RAI & ORS.

..... Petitioners Through Mr. Amit K. Pandey, Adv. with petitioners in person versus STATE & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP for State SI Dheeraj Singh, PS Farsh Bazar Mr. Nikhil Tripathi, 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. 41376/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

1.

Vide the present petition, the petitioners seek quashing of FIR No. 847/2014 dated 31.10.2014 registered at Police Station Farsh Bazar, District East Delhi and consequent proceedings arising therefrom. 2.

Notice issued.

3.

Notice is accepted by learned APP for the State and with the consent of the counsel for the parties, the present petition is taken up for final disposal.

4.

The petitioner no.1 and respondent no.2 got married on 07.02.2013 as per Hindu rites and rituals. However, due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 27.02.2014.

5.

The petitioner and respondent no.2 have amicably settled all their disputes and differences before the Mediation Centre, Karkardooma Courts, Delhi., vide memorandum of settlement deed dated 06.01.2015 and are now residing together since 15.01.2019 and have been blessed with two children namely, one daughter namely Nivedita and a son namely, Parth. 6.

The respondent no.2/complainant is present in person with her counsel and has been identified by SI Dheeraj Singh of Police Station Farsh Bazar and submits that matter has been settled and she does not wish to prosecute the matter any further.

5.

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 petitioners any further.

6.

For the reasons afore-recorded, the FIR No. 847/2014 dated 31.10.2014 registered at Police Station Farsh Bazar, District East Delhi and consequent proceedings arising therefrom are quashed. 7.

The petition is allowed accordingly.

8.

Order dasti (SURESH KUMAR KAIT) JUDGE NOVEMBER 28, 2019 sm