Allowed

Rohit Bhatia & Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC22 May 2024CRL.M.C./3459/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered for offences under Sections 498A/406/354/323/506/34 IPC following a settlement between the parties, a decree of divorce by mutual consent, and the respondent's consent. The Court held that continuing proceedings would serve no useful purpose and would create acrimony.

What did the court decide?

FIR No.0140/2020 and all consequential proceedings quashed.

Rohit Bhatia & Ors. Vs State Govt. of NCT of Delhi and Anr. — Domestic Violence | Delhi HC (2024)

¶1

$~13

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CRL.M.C. 3459/2024

¶4

ROHIT BHATIA & ORS. ..... Petitioners Through: Mr.Deepak Bhardwaj, Mr.Rajesh Kumar, Advs. with petitioners

¶5

versus

¶6

STATE GOVT. OF NCT OF DELHI AND ANR.

¶7

..... Respondents Through: Mr. Shoaib Haider, APP with SI Mangal Ram. Mr.Tajinder Singh, Adv. for R- 2 with R-2 in person.

¶8

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 22.05.2024

¶9

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0140/2020 registered at Police Station: Tilak Nagar, WestDistrict, New Delhi for offence under Sections 498A/406/354/323/506/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

¶10

The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no.1 and the respondent no.2.

¶11

He submits that the parties have amicably settled their inter se disputes and have entered into a Memorandum of Understanding /

¶12

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 28/05/2024 at 12:09:44

¶13

settlement dated 25.04.2023.

¶14

Pursuant to the abovementioned settlement, the parties have obtained divorce by mutual consent vide Decree of Divorce dated 22.11.2023 passed by the learned Judge, Family Courts (WestDistrict), Tis Hazari Courts, Delhi.

¶15

The petitioners have handed over a Demand Draft of Rs.3 lakhs to the respondent no.2 in terms of the settlement. 6. The Respondent no.2, who appears in Court in person and has been duly identified by the Investigating Officer (IO), reaffirms the above-mentioned settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. She submits that she has no objection if the present FIR is quashed.

¶16

I have perused the contents of the FIR and also the Settlement between the parties. 8. Keeping in view the fact that the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled, a decree of divorce has also been passed by the learned family court pursuant to the settlement and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony between the parties and will be an unnecessary burden on the State Exchequer.

¶17

Guided by the principles enunciated by the Supreme Court in its judgments in Jitendra Raghuvanshi v. Babita Raghuvanshi , (2013) 4 SCC 58, Gian Singh v. State of Punjab , (2012) 10 SCC 303;

¶18

This is a digitally signed order.

¶19

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 28/05/2024 at 12:09:44

¶20

Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641; and, State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

¶21

Accordingly, the petition is allowed. FIR No.0140/2020 registered at Police Station: Tilak Nagar, West-District, New Delhi under Sections 498A/406/354/323/506/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed.

¶22

NAVIN CHAWLA, J

¶23

MAY 22, 2024/Arya/ss

¶24

Click here to check corrigendum, if any

¶25

Rohit Bhatia & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Rohit Bhatia & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mukesh Mahajan Vs the State

Ramesh Kumar & Ors. Vs State of NCT of Delhi & Anr.

Kuldeep Alias Hemant and Anr. Vs State of NCT & Anr.

Mr. Kelvin Okaf Ur Guige Vs the State NCT of Delhi

Bablu Mathur Vs State (Nct) of Delhi

Naveen Vs State of NCT of Delhi