Delhi High Court - Orders
Sh Ashish Kumar Chaurasia & Ors vs The State Govt Of Nct Of Delhi & Anr on 22 November, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8452/2023 & CRL.M.A 31576/2023
SH ASHISH KUMAR CHAURASIA & ORS. ..... Petitioners
Through: Mr. Anurag Singh, Advocate with P-1
in person.
versus
THE STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Pradeep Gahalot, APP for State
with ASI Subey Singh and SI Nitin
P.S. Farsh Bazaar.
Ms. Pramiti Asthana, Advocate for R-
2 with R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 22.11.2023
1. The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no. 0073/2020 registered under sections 406/498A/34 IPC at P.S. Farsh Bazaar along with consequential proceedings.
2. Issue notice.
3. Mr. Pradeep Gahalot, Additional Public Prosecutor assisted by Investigating Officers SI Nitin and ASI Subey Singh, P.S. Farsh Bazaar accepts notice on behalf of the respondent no.1/State. The respondent no. 2 is present in person and accepts notice.
4. The petitioner no. 1 and the respondent no. 2 got married on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:52:21 27.05.2019 according to Hindu Rites and Customs at Delhi and no child was born out of their marriage. The petitioner no. 1 and the respondent no. 2 due to matrimonial differences started to live separately without any cohabitation.
5. The respondent no. 2 filed a petition under section 125 Cr.P.C. bearing no. 468/2019 which is pending in the court of Mr. Dinesh Bhatt, Judge, Family Court, Karkardooma Court, Delhi titled as Pramiti Chaurasia v. Ashish Kumar Chaurasia. The petitioner no. 1 filed an application under section 156(3) Cr.P.C. bearing no. 10142/2019 which is pending in the court of Mr. Kapil Kumar, MM, Tis Hazari Court, Delhi. The petitioner no. 1 also filed a petition under section 12(1)(c) HMA bearing no. 1104/2019 which is pending in the court of Ms. Shail Jain, PJFC, Tis Hazari Court, Delhi. It is stated that these petitions/application have already been withdrawn by the concerned parties. It is stated that no litigation is pending between the parties.
6. The petitioner nos. 2 to 4 are the family members/relatives of petitioner no. 1. The petitioner no. 1 and the respondent no. 2 are identified by the Investigating Officers SI Nitin and ASI Subey Singh, P.S. Farsh Bazaar as well as by their respective counsel. After conclusion of investigation, the charge-sheet has already been filed. The petitioner nos. 2 to 4 are exempted from personal appearance as their presence is not disputed.
7. The petitioner no. 1 and the respondent no. 2 have settled their disputes vide Settlement dated 16.04.2022 whereby they have agreed to dissolve their marriage by way of divorce by mutual consent as per section 13B of Hindu Marriage Act, 1955. The respondent no. 2 agreed not to have This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:52:21 any claims/legal entitlements (past, present and future) including permanent alimony/maintenance/istridhan etc. and other miscellaneous and legal expenses.
8. The marriage between the petitioner no. 1 and the respondent no. 2 has been dissolved by way of decree of divorce by mutual consent as per section 13B (2) of the Hindu Marriage Act, 1955 by the court of Sh. Harish Kumar, Judge, Family Courts, Patiala House Court, New Delhi vide judgment dated 18.09.2023 titled as Ashish Kumar Chaurasia and Pramiti Asthana.
9. The respective counsel for the petitioners and respondent no. 2 stated that the disputes between the petitioners and the respondent no. 2 have already been settled vide Settlement dated 16.04.2022, the terms and conditions of which have already been executed. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as such, the present petition be allowed and FIR bearing no. 0073/2020 registered under sections 406/498A/34 IPC at P.S. Farsh Bazaar along with consequential proceedings be quashed.
10. The Additional Public Prosecutor stated that the petitioner no. 1 and the respondent no. 2 have already settled their disputes vide Settlement dated 16.04.2022 and their marriage has already been dissolved as such, he does not have any objection if the present petition is allowed and FIR bearing no. 0073/2020 registered under sections 406/498A/34 IPC at P.S. Farsh Bazaar along with consequential proceedings be quashed.
11. The petitioner no. 1 and the respondent no. 2 got married on 27.05.2019 and due to matrimonial differences, they are living separately without any cohabitation. The petitioner no. 1 and the respondent no. 2 have This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:52:21 already settled their pending disputes vide Settlement dated 16.04.2022, the terms and conditions of which have already been executed. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved as detailed hereinabove. No useful purpose shall be served if the proceedings arising out of FIR bearing no. 0073/2020 are allowed to be continued and it would be an exercise in futility.
12. After considering all facts and in the interest of parties, the present petition is allowed and FIR bearing no. 0073/2020 registered under sections 406/498A/34 IPC at P.S. Farsh Bazaar along with consequential proceedings is quashed.
13. The present petition along with pending applications, stands disposed of.
DR. SUDHIR KUMAR JAIN, J NOVEMBER 22, 2023 pa/ak This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/11/2023 at 20:52:22