Allowed

Sh. Ajay Sharma & Anr. v. State & Anr.

Delhi HC24 Oct 2019CRL.M.C./5518/2019

Case brief

AI extract

What is this about?

The Court allowed an application under Section 482 CrPC to quash FIR No. 76/2011 registered against the petitioners. The dispute arose from the marriage and subsequent settlement between the petitioner and the complainant. With the complainant's consent and given the amicable settlement, the Court held that no useful purpose would be served by prosecution and quashed the FIR.

What did the court decide?

The FIR No. 76/2011 dated 09.08.2011 and consequent proceedings are quashed.

Sh. Ajay Sharma & Anr. Vs State & Anr. — Child Custody and Guardianship | Delhi HC (2019)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 24.10.2019

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- CRL.M.C. 5518/2019 and CRL.M.A. 39190/2019 (Stay) SH. AJAY SHARMA & ANR. ..... Petitioners Through: Mr. M.S. Oberoi and Ms. Priyanka Toppo and Mr. Nitin Bajaj, Advs.

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versus

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STATE & ANR. ..... Respondents Through: Mr. Kamal Kr. Ghei, APP for State W/SI Sumedha, PS – Ashok Vihar

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CORAM:

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HON'BLE MR. JUSTICE SURESH KUMAR KAIT

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J U D G M E N T (ORAL)

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CRL.M.A. 39191/2019 (Exemption)

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Allowed, subject to all just exceptions.

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This application is, accordingly, disposed of.

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CRL.M.C. 5518/2019

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Vide the present petition, the petitioners seek quashing of FIR No. 76/2011 dated 09.08.2011 registered at Police Station – C.A.W./ Nanak Pura

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and consequent proceedings arising therefrom.

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Notice issued.

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Notice is accepted by learned APP for the State and counsel for the

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respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.

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Page 1 of 2

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CRL.M.C.5518/2019

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The petitioner no.1 and respondent no.2 got married on 9.3.2008 as

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per Hindu rites and rituals. One child was born out of the wedlock, namely, Pavani.

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The petitioner No. 1 and respondent no. 2 have entered into an amicable settlement vide settlement deed executed on 19.12.2015 and settled all their disputes amicably.

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The complainant is present in person in the Court with her counsel and has been identified by SI – Sumedha and submits that matter has been settled and she does not wish to prosecute the matter any further.

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Taking into account the aforesaid facts, this Court is inclined to quash

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the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

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For the reasons afore-recorded, the FIR No. 76/2011 dated 09.08.2011 registered at Police Station –CAW, Nanak Pura and consequent proceedings arising therefrom are quashed.

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The petition is allowed accordingly.

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Dasti .

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(SURESH KUMAR KAIT) JUDGE

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OCTOBER 24, 2019 PB

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Page 2 of 2

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CRL.M.C.5518/2019

Sh. Ajay Sharma & Anr. v. State & Anr.

Case brief

What is this about?

What did the court decide?

Sh. Ajay Sharma & Anr. v. State & Anr.

Case brief

What is this about?

What did the court decide?

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