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Dr Sandeep Thakur vs State Nct Of Delhi & Anr on 7 February, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~37

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CRL.M.C. 843/2023

                                 DR SANDEEP THAKUR                               ..... Petitioner
                                              Through:          Mr. Shiv Charan Garg, Advocate with
                                                                Mr. Pawan Sharma, Advocate, Mr.
                                                                Imran Khan, Advocate and Ms.
                                                                Jahanvi Garg, Advocate.
                                               versus
                                 STATE NCT OF DELHI & ANR.                ..... Respondents
                                               Through: Mr. Pradeep Gahalot, APP for the
                                                        State with W/S.I. Rashmi, P.S: BHD
                                                        Nagar.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 07.02.2023 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners, who are the former husband and mother-in-law of the complainant/respondent No. 2, seek quashing of case FIR No. 883/2020 dated 17.10.2020 registered under sections 376/380/506 of the Indian Penal Code 1860 ('IPC') at P.S.:

Baba Haridas Nagar, New Delhi.

2. The petition is supported by affidavits of the petitioners and of respondent No.2, alongwith proofs of their I.Ds.

3. The petitioner, as also respondent No. 2, are present in-person. Their credentials have been verified and they have also been identified by their respective counsel.

4. This court has closely queried the petitioner and respondent No.2. Respondent No.2 submits that she is a medical doctor working for the C.R.P.F. and is presently posted at Nagpur. On cross-questioning her in relation to her credentials and her stand, the court does not find anything amiss. She categorically states in court that the FIR came to be lodged by reason of some misunderstanding at an earlier point of time in their marriage; and she is now satisfied that the petitioner has taken divorce from his previous wife; and that her marriage to the petitioner is legitimate. She states that she does not wish to persist with the proceedings arising from the subject FIR.

5. The court has also queried the petitioner, who states that he is an endodontist in private practice; and is presently practicing in Nagpur, where he resides with respondent No.2.

6. Mr. Pradeep Gahlot, learned APP confirms that the State has no objection to the subject FIR being quashed.

7. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr., reported as (2014) 6 SCC 466 this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

8. Accordingly, FIR No. 883/2020 dated 17.10.2020 registered at P.S.:

Baba Haridas Nagar, New Delhi is quashed. All proceedings arising therefrom also stand closed.

9. Petition stands disposed of.

10. Pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 7, 2023 Ne Signature Not Verified Digitally Signed By:NEERAJ Signing Date:09.02.2023 Crl. M.C. 843/2023 Page 3 of 3 15:50:51