High CourtsSingle Bench(2021) 02 DEL CK 0168

Manohar Singh vs State & Anr

Delhi High Court · Decided on 16 February 2021

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 478 Of 2021, Criminal Miscellaneous Application No. 2480-2481 Of 2021

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Judgment

24 paragraphs · 398 words

Suresh Kumar Kait, J

1.

Petitioner seeks quashing of FIR No. 130/2012, u/s 363 IPC, registered at police station Ambedkar Nagar, Delhi in this petition.

2.

The FIR in question was registered at the instance of respondent No.2 against the petitioner, who is grandfather of the prosecutrix.

3.

Learned counsel appearing on behalf of petitioner submits that the subject matter of this FIR stands amicably resolved in terms of Settlement

Agreement dated 07.02.2013 reached through Delhi High Court Mediation and Conciliation Centre. It is submitted by learned counsel that marriage

between petitioner and prosecutrix/Shalu, granddaughter of respondent No.2, was solemnized on 04.05.2012 and since then they are happily living

together as husband and wife.

4.

Notice issued.

5.

Mr. Amit Chahda, learned Additional Public Prosecutor for State accepts notice and submits that complainant of the FIR is present through video

conferencing and he has been identified by the Investigating Officer of this case, who is also present through video conferencing.

6.

Learned Additional Public Prosecutor for State has drawn attention of this Court to the fact that another FIR No.16/2012 was also registered at

police station Lodhi Colony, New Delhi against the petitioner at the instance of father of the prosecutrix and the said FIR and proceedings arising

therefrom, have already been quashed by order dated 29.11.2013 of this Court. Learned Additional Public Prosecutor for State further submits that

the factum of marriage between petitioner and prosecutrix stands verified.

7.

Respondent No.2 present through video conferencing submits that Shalu (prosecutrix) is his granddaughter and she is happily living with petitioner.

8.

Learned counsel for petitioner submits that the instant FIR was registered due to some misunderstanding, which was cleared long ago and since

petitioner and proseuctrix are leading a happy married life, the FIR in question deserves to be quashed.

9.

Taking into account the aforesaid facts and the fact that the petitioner and prosecutrix have already married on 04.05.2012 and respondent

No.2/complainant has no objection to the quashing of the FIR, this Court is inclined to quash the present FIR as no useful purpose would be served in

prosecuting petitioner any further.

10.

For the reasons afore-recorded, FIR No. 130/2012, u/s 363 IPC, registered at police station Ambedkar Nagar, Delhi and all other proceedings

arising therefrom are quashed.

11.

The petition and pending applications are accordingly disposed of.

12.

The order be uploaded on the website forthwith.