Delhi High Court - Orders
Chandan Kumar Jha & Ors vs State Through Standing Counsel ... on 3 June, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2826/2022 & CRL.M.A. 11690/2022
CHANDAN KUMAR JHA & ORS. ..... Petitioners
Through: Mr. Pawan Kumar Sinha and
Mr.Rishikesh Poddar, Advocates with
P-1, 3 & 4 in person.
versus
STATE THROUGH STANDING COUNSEL
CRIMINAL & ANR. ..... Respondents
Through: Mr. Ashok Kumar Garg, APP for
State with SI Roshan Lal, P.S.
Bhalaswa Dairy.
Mr. Lalit Kumar, Advocate for R-2
with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 03.06.2022
1. The present petition is filed under section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C.") seeking quashing of FIR bearing No. 0097/2017 dated 12.02.2017 under sections 498A/406/34 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") registered at P.S. Bhalaswa Dairy.
2. Issue notice. Mr. Ashok Kumar Garg, Additional Public Prosecutor accepts notice on behalf of the respondent no. 1/State and Mr. Lalit Kumar, Advocate accepts notice on behalf of the respondent no. 2.
3. The petitioner no. 1 and the respondent no. 2 got married on 05.12.2011 at Darbhanga, Bihar as per Hindu rites and ceremonies, Signature Not Verified Digitally Signed By:HARVINDER KAUR CRL.M.C. 2826/2022 Page 1 of 4 BHATIA Signing Date:06.06.2022 15:26:18 however, no issue was born out of their marriage.
4. The petitioner nos. 2 to 6 are the family members/relatives of the petitioner no. 1. It is informed that the petitioner nos. 2, 5 and 6 are not present today as they are residing in the native village in Bihar and due to this reason, they could not appear before the Court. The petitioner nos. 2, 5 and 6 are exempted from personal appearance before this Court. The petitioner nos. 1, 3 & 4 and respondent no. 2 are identified by the Investigating Officer SI Roshan Lal, P.S. Bhalaswa Dairy and their respective counsels. The identity of the petitioner nos. 2, 5 and 6 is not disputed by the concerned parties.
5. The matrimonial disputes stated to be arisen between the petitioner no. 1 and the respondent no. 2 and they started to live separately since June 2016.
6. The respondent no. 2 due to matrimonial differences with the petitioner no. 1, filed petitions under section 12 of the Protection of Women from the Domestic Violence Act, 2005 titled as Nisha Jha v. Chandan Jha & Ors. bearing CC No. 827/2017, which was pending in the Court of Ms. Aditi Garg, MM, Mahila Court, Rohini Courts and under section 125 Cr.P.C. titled as Nisha Jha v. Chandan Jha, which was pending in the Court of M.R. Sethi, Principal Judge, Family Courts, Rohini Court, Delhi. It is informed that the respondent no. 2 has already withdrawn these petitions. The respondent no. 2 lodged FIR bearing No. 0097/2017 dated 12.02.2017 under sections 498A/406/34 IPC registered at P.S. Bhalaswa Dairy. After the investigation, the charge-sheet was filed and the trial is pending in the Court of Ms. Neha Mittal, MM, Mahila Court, Rohini Courts.
7. The petition under Section 12 of the Protection of Women from Signature Not Verified Digitally Signed By:HARVINDER KAUR CRL.M.C. 2826/2022 Page 2 of 4 BHATIA Signing Date:06.06.2022 15:26:18 Violence Act, 2005 as detailed hereinabove was referred for mediation before Delhi Mediation Centre, Rohini District Courts and vide settlement/agreement dated 15.07.2019, the petitioner no. 1 and the respondent no. 2 have settled their disputes amicably.
8. Out of the settlement, the petitioner no. 1 has agreed to pay Rs. Rs.4,50,000/- to the respondent no. 2 towards full and final satisfaction of all her legal entitlements/claims (past, present and future) arising out of the marriage including istridhan/permanent alimony/maintenance/dowry articles and other miscellaneous and legal expenses. The petitioner no. 1 has already paid Rs.3,00,000/- to the respondent no. 2, which is acknowledged by her. The petitioner no. 1 has paid the balance settled amount of Rs.1,50,000/- today in the Court in cash, which is received and accepted by the respondent no. 2.
9. The marriage between the petitioner no. 1 and the respondent no. 2 has already been dissolved by a decree of divorce by mutual consent vide judgment dated 15.03.2021 titled as Nisha Jha and Chandan Kumar Jha@Chandan Jha bearing HMA No. 252/2021 passed by the Court of Mr. M.R. Sethi, Principal Judge, Family Courts, North District, Delhi.
10. The respondent no. 2 stated that she has settled all disputes out of her own free will and without any force, fear or coercion and she does not have any objection if the present FIR bearing No. 0097/2017 dated 12.02.2017 is allowed to be quashed in pursuance of the settlement with the petitioners. Additional Public Prosecutor also stated that he does not have any objections if FIR bearing No. 0097/2017 dated 12.02.2017 alongwith consequential proceedings including judicial proceedings is allowed to be quashed.
11. The petitioner no. 1 and the respondent no. 2 have already settled Signature Not Verified Digitally Signed By:HARVINDER KAUR CRL.M.C. 2826/2022 Page 3 of 4 BHATIA Signing Date:06.06.2022 15:26:18 their pending disputes amicably vide settlement/agreement dated 15.07.2019 and they are living separately since June 2016. The marriage between the petitioner no. 1 and the respondent no. 2 is already dissolved. No useful purpose would be served if the trial arising out of the FIR bearing No. 0097/2017 dated 12.02.2017 is allowed to continue. In view of the above discussion, FIR bearing No. 0097/2017 dated 12.02.2017 under sections 498A/406/34 IPC registered at P.S. Bhalaswa Dairy alongwith all consequential and judicial proceedings is ordered to be quashed.
12. Accordingly, the present petition alongwith pending applications, if any, stands disposed of.
SUDHIR KUMAR JAIN, J JUNE 3, 2022/N Signature Not Verified Digitally Signed By:HARVINDER KAUR CRL.M.C. 2826/2022 Page 4 of 4 BHATIA Signing Date:06.06.2022 15:26:18