Delhi High Court - Orders
Chetan & Ors vs State Of Gnctd & Anr on 14 September, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3923/2023
CHETAN & ORS. ..... Petitioners
Through: Mr. Vikas Saini, Advocate along with
petitioners-in-person.
versus
STATE OF GNCTD & ANR. ..... Respondents
Through: Mr. Satinder Singh Bawa, APP for
State with SI Arpana, PS-Punjabi
Bagh and SI Ankur, PS-Rajouri
Garden.
Mr. Rishikesh Kumar, Ms. Sheenu
Priya, Mr. Sudhir Kumar Shukla and
Mr. Sumit Choudhary, Advocates for
R-2.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 14.09.2023 [The proceeding has been conducted through Hybrid mode] CRL.M.A. 14779/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 3923/2023 & CRL.M.A. 14778/2023 (for stay)
3. The present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of FIR No. 70/2018 dated 08.02.2018 under Sections 498A/406/34 IPC, 1860 registered at Police Station Punjabi Bagh, Delhi and the proceedings emanating therefrom on the grounds of amicable settlement.
CRL.M.C. 3923/2023 Page 1 of 3This 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 19/09/2023 at 21:16:03
4. Learned counsel appearing for the parties submit that under the aegis of the Counselling Cell, Family Court, a settlement was arrived at and the same was recorded in writing vide the report dated 07.12.2018.
5. According to the terms of the settlement, learned counsel jointly submit that there were no terms of payment in the said settlement qua maintenance, stridhan and dowry etc., neither was any term regarding exchange of articles between the parties.
6. Learned counsel jointly submit that the parties had already dissolved their marriage by way of a decree of divorce under the provisions of Section 13B of the HMA, 1955. The photocopy of the decree dated 16.09.2019 is placed on record at page No. 89.
7. This Court has interacted with respondent no.2, who affirms the terms of settlement and also confirms the fact that she has wilfully and on her own free will entered into the settlement agreement. She further affirms the fact that she has not staked any claim and does not expect any payment from the petitioners. She further submits that she has no objection in case the present FIR is quashed.
8. Learned counsel for the respondent No. 2 also submits that she is now happily re-married
9. The I.O. is present in person who identifies the parties appearing before this Court today.
10. This Court has perused the terms of settlement agreement and they appear to be lawful. The parties are bound by the terms of the settlement.
11. After observing that the disputes are arising from matrimonial CRL.M.C. 3923/2023 Page 2 of 3 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 19/09/2023 at 21:16:03 ties, this Court is of the considered opinion that no purpose would be served in continuing with the FIR in question and the further criminal proceedings and it would be in the interest of justice as also of the parties and the society that quietus is put to such disputes.
12. In view of the aforesaid, FIR No. 70/2018 dated 08.02.2018 under Sections 498A/406/34 IPC, 1860 registered at Police Station Punjabi Bagh, Delhi and the proceedings emanating therefrom are hereby quashed.
13. The petition along with pending application is disposed of TUSHAR RAO GEDELA, J SEPTEMBER 14, 2023/nd CRL.M.C. 3923/2023 Page 3 of 3 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 19/09/2023 at 21:16:03