Delhi High Court - Orders
Chetan Marwah vs State Govt Of Nct Of Delhi & Anr on 31 May, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2198/2023 & CRL.M.A. 8294/2023
CHETAN MARWAH ..... Petitioner
Through: Mr. Parveen K. Sharma, Advocate
with petitioner in-person.
versus
STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Shoaib Haider, APP for the State
SI Vikram Lamba, P.S.: S J Enclave.
Mr. Ashish Sheoran and Ms. Smita
Bankoti, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 31.05.2023 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioner and complainant/respondent No. 2, jointly seek quashing of case FIR No. 0162/2019 dated 02.07.2019 registered under sections 420/406/506 of the Indian Penal Code 1860 ('IPC' for short) at P.S.: Safdarjung Enclave, pursuant to which chargesheet and supplementary chargesheet have been filed in the matter.
2. The petition is premised on Memorandum of Settlement dated 13.06.2022, whereby the petitioner and respondent No. 2 have resolved the matter amicably.
3. The petition is also supported by affidavit of the petitioner and of respondent No. 2, alongwith proofs of their I.Ds.
4. The contesting parties are present in court in-person. Their credentials have been verified and they have also been identified by their respective counsel.
This is a digitally signed order. CRL.M.C. 2198/2023 Page 1 of 4The 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 08/10/2023 at 06:50:41
5. It is submitted on behalf of the petitioner that the foundational disputes were between respondent No.2's daughter and the petitioner (her husband) which were subject-matter of FIR No. 0021/2019 dated 20.06.2019 registered under sections 498-A/406/34 IPC at P.S.:
Crime (Women) Cell, Nanak Pura, which have been resolved between the contesting parties and proceedings in that FIR have been quashed by this court by its order made in CRL.M.C.2193/2023 today.
6. Respondent No.2 is present in court. She is stated to be about 81 years of age, evidently in extremely frail health and is wheel-chair bound.
She is accompanied by her daughter, who states that respondent No. 2 suffers from dementia. Upon being queried, as to how she was able to sign the affidavit in support of the present petition, learned counsel appearing for respondent No.2 states that respondent No.2's medical condition has deteriorated in the last few months. It is submitted that at this stage in her life, she is in any case not in a position to take forward the proceedings in the subject FIR.
7. The court has interacted with the petitioner, as also with the daughter of respondent No. 2, who have confirmed that they have now resolved the matter and Memorandum of Settlement dated 13.06.2022 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.
8. Mr. Shoaib Haider, learned APP submits that the State has no objection to the FIR being quashed.
9. On a specific query, learned APP submits that though chargesheet and supplementary chargesheet have been filed in the matter, in which there are allegations that the petitioner had forged the signatures of his This is a digitally signed order. CRL.M.C. 2198/2023 Page 2 of 4 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 08/10/2023 at 06:50:41 father-in-law for obtaining a bank loan, the allegations do not have any wider public-law implications and would have affected only members of the immediate family. Mr. Haider submits however, that considering the nature of the allegations, appropriate costs may be imposed on the petitioner.
10. In the above view of the matter, this court is persuaded that it is in the higher interests of justice, peace and harmony between the parties, including in particular respondent No.2, who is evidently in a very fragile state of health, that the criminal proceedings in the subject FIR be quashed.
11. 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.
12. Accordingly, FIR No. 0162/2019 dated 02.07.2019 registered under sections 420/406/506 IPC at P.S.: Safdarjung Enclave is quashed. All proceedings arising therefrom also stand closed.
13. The quashing of the FIR shall however be subject to the petitioner paying costs of Rs.50,000/- to the 'Very Special Arts India', Plot No. 3 Institutional Area, Nelson Mandela Marg, Vasant Kunj, New Delhi, This is a digitally signed order. CRL.M.C. 2198/2023 Page 3 of 4 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 08/10/2023 at 06:50:42 within 02 weeks. Proof of payment of costs be placed on record within 01 week thereafter.
14. The Registry is directed to verify compliance; and to bring to the notice of this court any default in respect thereof.
15. Petition stands disposed-of in the above terms.
16. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J MAY 31, 2023/ak This is a digitally signed order. CRL.M.C. 2198/2023 Page 4 of 4 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 08/10/2023 at 06:50:42