Praveen @ Chootu v. State

Delhi High Court · 14 Mar 2013 · 2013:DHC:7632
Stti{il Gaur
W.P. (Crl.) No.106/2009
2013:DHC:7632
criminal petition_dismissed

AI Summary

The High Court dismissed the petition to quash FIR under Section 363 IPC as infructuous since the accused and prosecutrix were married, living together, and the criminal proceedings had ended in acquittal.

Full Text
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:$ IN THE HIGH COI]RT OF DELITI AT NEW DELHI w.P. (Crl.) No.106/2009
PRAVEEN @ CHOOTU & ORS. ..... Petitioners
Through: Petitioner No.1 in person
VERSUS
STATE & ORS. ..... Respondents
Through: Mr. Sunil Sharma, Additional
Public Prosecutor for respondent-
State
Respondent No. 3 in person.
CORAM:
HON'BLE MR. JUSTICE STTI{IL GAUR
14.03.2013
This is a petition seeking quashing of FIR No. 110/08 under
Sections 363 of IPC registered at Police Station Kapashera, New Delhi.
Petitioner No.l - Praveen @ Chhotu appears in person and has produced his identity proof. Similarly, respondent No. 2 also appears in person and she states that she is a prosecutrix of FIR in question. Petitioner No.l present in court is an accused in the aforesaid FIR and petitioner no.2 and 3 are the witnesses to the marriage of respondent No. 3 with petitioner No.l which took place five years ago. Respondent No.3 submits that she alongwith petitioner No.1 - Praveen @ Ctrhotu are living as husband and wife a
W.P. (Crl.) No. 106/2009 Page L
2013:DHC:7632
L a and they have a child out of this marriage. Petitioner -Praveen @
Chhotu as well as respondent No. 3 - Ms. Sunita pray that the proceedings arising out of FIR in question have already resulted in acquittal and this petition has become infructuous.
Learned Additional Public Prosecutor confirms that the proceedings arising out of this FIR No. 110/2008 have come to an end and so this petition has now become infructuous.
In view of the aforesaid, this petition is disposed of as infructuous.
MARCIT 14,2013 pkb e
(srJD[rL GA[]R)
Judge
W.P. [crl.) No. 106/2009 Page2
2013:DHC:7632
JUDGMENT