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Brajesh Kumar vs State (Nct Of Delhi) & Anr on 6 April, 2022

Author: Asha Menon

Bench: Asha Menon

                          $~1
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CRL.M.C. 13/2020, CRL.M.A. 36/2020 (for stay)

                                 BRAJESH KUMAR                                            ..... Petitioner
                                             Through:            Mr. C.S. Rathore, Adv.

                                                           Versus

                              STATE (NCT OF DELHI) & ANR                  ..... Respondents
                                            Through: Mr. G.M. Farooqui, APP for R-
                                                       1/State with SI Madan Mohan, P.S.
                                                       Ranhola.
                          CORAM:
                          HON'BLE MS. JUSTICE ASHA MENON
                                                  ORDER

% 06.04.2022

1. This petition has been filed for quashing of the FIR No.0749/2019, dated 21st December, 2019, under Sections 376/506 I.P.C., Police Station Ranhola (Outer Distt.), Delhi.

2. Mr. C.S. Rathore, learned counsel for the petitioner submits that the FIR was lodged on a promise to marry basis and that subsequently with the consent of the parents of the parties, the marriage was solemnised between the petitioner and the respondent No.2. The Compromise/Settlement Deed dated 2nd January, 2020 has been placed on record as Annexure P-2. The Status Report dated 14th February, 2020 has been filed by the Station House Officer in which the fact of the marriage of the petitioner and the respondent No.2 has been verified and affirmed.

3. Though the offence alleged against the petitioner is a serious one but in view of the fact that the marriage of the petitioner and the respondent No.2 has been solemnised with the consent of the parents and the respondent No.2 submits that it was solemnised in accordance with the customary rites and as of now the parties have been blessed with a child, it is considered appropriate, keeping in view the welfare of the respondent No.2 and the child, that the FIR is quashed, following the dicta in Gian Singh Vs. State of Punjab & Anr. (2012) 2 SCC (L&S) 998 and State of Madhya Pradesh Vs. Laxmi Narayan & Ors. (2019) 5 SCC 688.

4. The petition is accordingly allowed and FIR No.0749/2019, dated 21st December, 2019, under Sections 376/506 I.P.C., Police Station Ranhola (Outer Distt.), Delhi and all other proceedings arising therefrom are quashed.

5. The petition stands disposed of.

6. The order be uploaded on the website forthwith.

ASHA MENON, J.

APRIL 6, 2022 'bs' CRL.M.C. 13/2020 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:06.04.2022 17:56:44