Quashed

Rohit Chawla & Ors. v. State (Govt of NCT of Delhi) & Anr.

Delhi HC6 Feb 2018CRL.M.C./627/2018

Case brief

AI extract

What is this about?

High Court of Delhi quashed an FIR under Sections 498A, 406, and 34 IPC filed between husband and wife. Petitioners had settled the dispute for Rs.13 lakh including divorce decree; settlement was financially completed, and complainant withdrew complaint.

What did the court decide?

FIR No.154/2013 and consequent proceedings under Sections 498A/406/34 IPC are quashed.

Rohit Chawla & Ors. Vs State (Govt of NCT of Delhi)… — Matrimonial and Divorce | Delhi HC (2018)

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 627/2018

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ROHIT CHAWLA & ORS ..... Petitioners

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Through : Mr Manoj Kumar, Advocate.

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versus

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STATE (GOVT OF NCT OF DELHI) & ANR..... Respondents Through : Mr Aksahi Malik, APP. ASI Aman Kumar, PS CWC, Nanak Pura. Mr Anish Kumar Maggo, Advocate for R-2.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R

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% 06.02.2018

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By this petition, the petitioners seek quashing of FIR No.154 /2013 under Sections 498A/406/34 IPC, Police Station Crime Women Cell, Nanak Pura, Tilak Nagar, New Delhi.

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2 The subject FIR emanates out of matrimonial discord. Petitioner No.1 was the husband of respondent No.2/complainant. Petitioner Nos.2 & 3 are the parents of petitioner No.1.

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Parties have settled their dispute through a Settlement dated 07.03.2017 before the Mediation Centre, Dwarka Courts, Delhi

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By way of settlement, a total sum of Rs.13,00 ,000/- was agreed to be paid to respondent No.2 towards full and final settlement of all her claims. A sum of Rs.8,00,000/- lakhs has already been paid and balance

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CRL.M.C. 627/2018

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Page 1

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amount of Rs.5 lakh has been paid today by way of a Demand Draft bearing No.731593 dated 21.11.2017 issued by the Syndicate Bank, Mayapuri, New Delhi, in the Court today, which is accepted by respondent No.2/complainant.

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Respondent No.2 is present in Court in person, represented by counsel and identified by the Investigating Officer. She confirms that the settlement has taken place and further that marriage between the parties has been dissolved by a decree of divorce by way of mutual consent on 02.11.2017. She also submits that she does not wish to press her complaint any further.

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In view of the above and keeping in view of the fact that the FIR emanates from matrimonial discord and the parties have resolved their dispute through a Settlement dated 07.03.2017 before the Mediation Centre, Dwarka Courts, Delhi, and respondent No. 2 does not wish to press her complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

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Accordingly, FIR No.154 /2013 under Sections 498A/406/34 IPC, Police Station Crime Women Cell, Nanak Pura, Tilak Nagar, New Delhi and the consequent proceedings emanating therefrom are hereby quashed.

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Order Dasti under signatures of Court Master.

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FEBRUARY 06, 2018/‘Sn’

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SANJEEV SACHDEVA, J

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CRL.M.C. 627/2018

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Page 2

Rohit Chawla & Ors. v. State (Govt of NCT of Delhi) & Anr.

Case brief

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Rohit Chawla & Ors. v. State (Govt of NCT of Delhi) & Anr.

Case brief

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What did the court decide?

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