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High Court of DelhiW.P.(CRL)/583/2018

Shoeb Akhtar v. State & ANR

2018-02-22Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 583/2018 SHOEB AKHTAR ..... Petitioner Through :

Ehtesham Hashmi, Advocate with Ms.Deepa Tiwari, advocate along with petitioner in person. versus STATE & ANR ..... Respondents Through :

Mr.Avi Singh, ASC with Mr.Shashank Vachher, Advocate.

Mr.Alangir, Advocate for the complainant along with complainant in person.

SI Rohit Kumar, PS Jamia Nagar.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 22.02.2018 CRL.M.A.No. 3447/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 583/2018 & CRL.M.A.No.3446/2018 1.

Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.745/2017 registered under Section 363 IPC at PS Jamia Nagar. It is stated that the matter has been settled amicably with the complainant / respondent No.2.

2.

The instant FIR was lodged under Section 363 IPC on the complaint lodged by respondent No.2 (father of the prosecutrix) on 20.11.2017. It has come on record that both the petitioner and the

prosecutrix had performed marriage. It is further informed that both the petitioner and the prosecutrix are living together after performance of marriage.

3.

Respondent No.2 had filed W.P.(Crl.) 185/2018 before this Court. In the said proceedings held on 15.02.2018, both the petitioner and the prosecutrix had put appearance.

Only concern of the prosecutrix' parents were that she should be safe and secure. In the said proceedings, it was noted that both the petitioner and the prosecutrix had performed marriage; a nikahnama dated 22.11.2017 was produced.

4.

The petition is supported by affidavit of the petitioner. Since the matter between the parties has been settled and both the prosecutrix and the petitioner are living together after performing marriage, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.745/2017 registered under Section 363 IPC at PS Jamia Nagar and all the proceedings arising therefrom are quashed.

5.

The petition stands disposed of accordingly.

Pending application also stands disposed of.

S.P.GARG, J FEBRUARY 22, 2018 / tr