Dhruv Sharma v. State Govt. Of NCT Of Delhi & ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3082/2016 DHRUV SHARMA ..... Petitioner Through:
Mr.
Man Mohan Goel & Ms.Kamaleshi Gard, Advocates along with petitioner in person.
versus STATE GOVT. OF NCT OF DELHI & ORS.
..... Respondents Through:
Ms. Kamna Vohra, ASC along with SI Mithlesh Yadav, PS - Moti Nagar, for the State.
Mr. Vaibhav Kalra & Ms. Neha Bhatnagar, Advocates for and along with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R
% 24.10.2016 Issue notice. Ms. Vohra accepts notice on behalf of the State. Respondent No.2 is present in Court. She is represented through counsel. His Vakalatnama is on record. The IO is also present and she also identifies respondent No.2.
The present petition has been filed seeking quashing of the FIR No.1140/2015 under Section 377 IPC registered at P.S. - Moti Nagar and
the investigation proceedings arising therefrom. The petition is premised on a settlement arrived at between the petitioner and the complainant respondent No.2 on 11.09.2015.
The submission of learned counsel for the petitioner is that statement of the complainant under Section 164 has not been recorded in the case yet. The parties have already obtained divorce of their marriage on 19.07.2016. I may note that the parties had got married on 06.12.2014. Under the settlement, the petitioner has made entire payment of the settled amount to respondent No.2.
Respondent No.2, who is present in Court states that she does not wish to pursue her complaint any further and she also joins the prayer for quashing of the FIR in question.
Looking to the nature of the allegations and the fact that the respondent No.2 complainant does not wish to pursue her complaint, no useful purpose would be served in keeping the aforesaid FIR and the proceedings arising therefrom pending in the present case. In the interest of justice, the same are, accordingly, quashed.
VIPIN SANGHI, J OCTOBER 24, 2016 B.S. Rohella