The Delhi High Court quashed an FIR filed under Section 498-A IPC resulting from a matrimonial dispute. The parties had amicably settled, and the couple had mutually divorced. The petitioner undertook that the minor children's custody rights would remain unaffected.
The FIR No. 229/2021 and consequent proceedings were quashed.
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MUKUL CHAWLA AND ORS .....Petitioners
Through: Mr. Manmohan Singh, Advocate with petitioners in person.
Versus
THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Kaplianthang, P.S. Kirti Nagar. Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 03.09.2024
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 04/09/2024 at 12:22:41
Petitioner No.1, who is present in Court and identified by the I.O., undertakes that the rights of their two minor children, namely, Chitransh and Kiyansh , who are in the custody of the respondent No.2, shall remain unaffected by the terms of the settlement. In acknowledgement of his statement made in Court today, petitioner No.1 as well as his counsel have signed the present order sheet.
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 04/09/2024 at 12:22:41
aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.
MANOJ KUMAR OHRI, J
SEPTEMBER 3, 2024/ ga
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 04/09/2024 at 12:22:41
2 issues framed by the court
Whether the FIR registered under Sections 498-A/406/506/34 IPC should be quashed due to private settlement and divorce by mutual consent.
Whether the undersigned undertaking regarding the rights of minor children influences the decision to quash the FIR.
1 provisions across 1 enactments
Mukul Chawla and Ors.
The State of NCT of Delhi
Respondent No. 2
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
