Vijay Kumar & Ors vs.state & Anr - Court Judgment

SooperKanoon Citationsooperkanoon.com/1225013
CourtDelhi High Court
Decided OnSep-03-2019
AppellantVijay Kumar & Ors
RespondentState & Anr
Excerpt:
$~20 * in the high court of delhi at new delhi date of decision:03. 09.2019 + crl.m.c. 1734/2019 vijay kumar & ors ........ petitioners through: mr. amit nahata, advocate versus state & anr through: mr.panna lal sharma, app for state ........ respondents with si manju, ps - rohini coram: hon'ble mr. justice suresh kumar kait judgment (oral) vide the present petition, the petitioners seek quashing of fir no.328/2017 dated 27.07.2017 registered at police station - north rohini, delhi for the offences punishable under sections 498a/4of the ipc and consequent proceedings arising therefrom. notice issued. notice is accepted by learned app for the state and counsel for the respondent no.2. with the consent of the counsel for the parties, the present petition is taken up for final disposal. crl.m.c. 1734/2019 page 1 of 2 the petitioner no.1 and respondent no.2 got married on 11.12.2011, as per hindu rites and rituals. two children, namely, kashivi (5 years) and parth (3 years) were born out of the wedlock. the petitioner and respondent no.2 have entered into an amicable settlement and settled all their disputes amicably. the complainant is present in person with her counsel and has been identified by si manju of police station - rohini and submits that matter has been settled and she does not wish to pursue the matter any further. 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. for the reasons afore-recorded, the fir no.328/2017 dated 27.07.2017 registered at police station - north rohini, delhi for the offences punishable under sections 498a/4of the ipc and consequent proceedings arising therefrom are hereby quashed. the petition is allowed accordingly. order dasti. (suresh kumar kait) judge september03 2019 pb crl.m.c. 1734/2019 page 2 of 2
Judgment:

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:

03. 09.2019 + CRL.M.C. 1734/2019 VIJAY KUMAR & ORS ........ Petitioner

s Through: Mr. Amit Nahata, Advocate versus STATE & ANR Through: Mr.Panna Lal Sharma, APP for State ........ RESPONDENTS

with SI Manju, PS - Rohini CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT

(ORAL) Vide the present petition, the petitioners seek quashing of FIR No.328/2017 dated 27.07.2017 registered at Police Station - North Rohini, Delhi for the offences punishable under Sections 498A/4
of the IPC and consequent proceedings arising therefrom. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2. With the consent of the counsel for the parties, the present petition is taken up for final disposal. CRL.M.C. 1734/2019 Page 1 of 2 The petitioner no.1 and respondent no.2 got married on 11.12.2011, as per Hindu rites and rituals. Two children, namely, Kashivi (5 years) and Parth (3 years) were born out of the wedlock. The petitioner and respondent no.2 have entered into an amicable settlement and settled all their disputes amicably. The complainant is present in person with her counsel and has been identified by SI Manju of Police Station - Rohini and submits that matter has been settled and she does not wish to pursue the matter any further. 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. For the reasons afore-recorded, the FIR No.328/2017 dated 27.07.2017 registered at Police Station - North Rohini, Delhi for the offences punishable under Sections 498A/4
of the IPC and consequent proceedings arising therefrom are hereby quashed. The petition is allowed accordingly. Order dasti. (SURESH KUMAR KAIT) JUDGE SEPTEMBER03 2019 PB CRL.M.C. 1734/2019 Page 2 of 2