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High Court of DelhiCRL.M.C./8830/2023

Hardeep Singh v. State Through Sho P.S. Tilak Nagar & ANR.

2024-02-21Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8830/2023 HARDEEP SINGH ..... Petitioner Through:

Mr. Vaibhav Vats, Advocate with petitioner in person.

versus STATE THROUGH SHO P.S.

TILAK NAGAR & ANR.

..... Respondents Through:

Mr. Laksh Khanna, APP for State with SI Naresh Kumar PS Tilak Nagar, Delhi.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 21.02.2024 1.

The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 330/2016 registered under Sections 328/307 IPC at P.S. Tilak Nagar, New Delhi on the ground that the parties have amicably settled their disputes. 2.

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner. 3.

Mr. Laksh Khanna, learned APP for the State, submits that in the present case, petitioner is the only accused and respondent No. 2 is the complainant/victim.

4.

Learned counsels for the parties submit that after ironing out their differences, the parties have settled their disputes and have been happily living together since 2016.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Petitioner is present in Court and has been identified by his counsel as well as by the IO/ SI Naresh Kumar PS Tilak Nagar, Delhi. 6.

Respondent No. 2, who is also present in Court, has been identified by the IO SI Naresh Kumar PS Tilak Nagar, Delhi. She states that the incident relates back to the year 2016 and since then she has been living with her husband (petitioner) whereafter a child has also been born out of the wedlock in 2017. She states that she has been living happily with her husband. Respondent No.2 has also filed an affidavit stating therein that she does not want to pursue this case.

7.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements and undertaking made in Court today.

9.

I have also seen the FIR and the charge-sheet from the police file. A perusal of the same would show that the FIR came to be registered only on the statement of respondent No.2. Neither any stomach wash has been collected nor has any FSL opinion been sought. In the charge-sheet, it is noted that no stomach wash was collected. It is also noted that respondent No.2 has appeared before the Trial Court and stated that she does not want to pursue the case.

10.

Since the parties are married to each other and the incident in question relates back to the year 2016, in the facts and circumstances of the case as noted above, and the fact that respondent No.2 is living happily with the petitioner, this Court is of the opinion that no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed.

11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J FEBRUARY 21, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.