Petitioner sought quashing of an FIR on grounds of Section 377 IPC based on a settled matrimonial dispute. The High Court accepted the statements of both parties regarding settlement and ongoing happy marital life, quashing the FIR to end litigation.
FIR No. 579/2015 under Section 377 IPC and all proceedings therefrom are quashed.
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CHANKI RAJPUT ..... Petitioner Through: Mr. P.K. Sharma, Mr. Vinay Kumar & Mr. Imran Khan, Advocates with petitioner in person. Versus THE STATE & ANR ..... Respondents Through: Mr Rajesh Mahajan , ASC for the State with Ms Parul Jamwal, Adv. alongwith WSI Seema Police Station Mahendra Park, Delhi Respondent No. 2 in person. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R % 12.01.2016
The present petition under Section 482 Cr.P.C has been preferred by the petitioner for quashing of FIR No. 579/2015 under Section 377 IPC registered with Police Station Mahendra Park, Delhi.
It is stated that the matter has been settled with the complainant/respondent No. 2 amicably.
Respondent No. 2/complainant is present in person who is duly identified by the Investigating Officer of the case. I have enquired from the complainant whether the matter has been settled with the petitioner amicably. She states that she got married with the petitioner on 12.06.2015 and are living happily. Due to some misunderstanding, the complaint was filed, however, she has no objection to the quashing of the FIR. She has also filed her affidavit in this regard.
Mr. Rajesh Mahajan, learned ASC for the State submits that in view of the fact that it was a matrimonial dispute which has been amicably settled, he has no objection to the quashing of the FIR.
Since the petitioner has settled the dispute with the complainant voluntarily which was basically a matrimonial dispute and parties are living together happily as such, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No. 579/2015 under Section 377 IPC registered with Police Station Mahendra Park, Delhi and all the proceedings emanating there from are quashed.
The petition stands disposed of accordingly.
SUNITA GUPTA, J
JANUARY 12, 2016 rs
3 issues framed by the court
Whether the FIR should be quashed given the settlement and marital happiness.
Whether any useful purpose will be served by continuing proceedings after amicable settlement.
Whether to quash the FIR in the interest of justice to end litigation.
2 provisions across 2 enactments
CHANKI RAJPUT
THE STATE
ANR
SUNITA GUPTA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
