Rohtash & Ors. v. State & Anr.
Case brief
What is this about?
Allowed petitioners to quash an FIR involving matrimonial disputes citing a valid settlement and lack of further complaint under Section 482 CrPC.
What did the court decide?
FIR No. 1207/2015 registered at Police Station New Ashok Nagar for offences under Sections 323/451/506/354/34 IPC and all consonant proceedings were quashed.
What the court decided
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 1899/2018
ROHTASH & ORS. ..... Petitioners Through: Mr. Yoginder Singh, Advocate with Petitioners in person. Versus STATE & ANR., .....Respondents Through: Mr. Rahul Mehra, Standing Counsel with ASI Yatinder Kumar, P.S. New Ashok Nagar. Mr. Tarun Choudhary, Advocate for Respondent No.2 with Respondent No. 2 in person.
CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI O R D E R % 02.07.2018 Crl. M.A. No. 11714/2018 (for exemption)
Allowed, subject to all just exceptions. The application stands disposed off.
W.P.(CRL) 1899/2018
- By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. 1207/2015 registered at Police Station New Ashok Nagar, New Delhi, for the offences punishable under sections 323/451/506/354/34 IPC and the consequential proceedings emanating therefrom against them.
- The learned counsel appearing on behalf of the petitioners submits
that the aforesaid case was registered on the complaint of respondent No.2, namely, Ms. Sheela Devi, consequent to certain matrimonial and domestic disputes having arisen between the parties. The matter has already been settled between the parties vide Settlement Deed dated 31.10.2015, which is annexed as Annexure-B to this petition.
Issues for consideration
3 issues framed by the court
Whether Section 482 CrPC can be invoked to quash an FIR involving matrimonial disputes even if the offences are non-compoundable upon a valid settlement.
Whether the ends of justice require the quashing of criminal proceedings given the alternate settlement between the parties.
Whether the FIR registration was an abuse of the process of the court absent any surviving dispute.
Parties & counsel
- petitioner
Rohtash & Ors.
- respondent
State
- respondent
Sheela Devi
Coram
Case details
As recorded by the court registry
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