Full Text
HIGH COURT OF DELHI
MAT.APP.(F.C.) 103/2015
ANMOL DHINGRA
Through:
Through:
KARISHMA DHINGRA
Through:
With appellant in person.
Respondents Ms. Anita Abraham, APP for State.
Mr. Rajeev Kapoor &Mr. Iqbal Singh, Advs. for R-2.
Mr. S.C. Buttan, Adv. for R-3 with respondent No.3 in person.
Appellant Mr. S.C. Buttan, Adv. with appellant in person.
STATE &ANR Respondents
Through: Ms. Anita Abraham, APP for State.
Mr. Rajeev Kapoor &Mr. Iqbal Singh, Advs. for R-2.
HON'BLE MR. JUSTICE V.P.VAISH
07.08.2015 By these appeals filed under Section 341 read with Section 482
Cr.PC. the appellants are challenging the order dated 6^ February, 2012 passed by the Additional Principal Judge, Family courts, Rohini, New Delhi
2015:DHC:11724-DB t' 2-/ y-' whereby the learned Family Court while exercising its power under Section
ORDER
340 Cr.P.C. directed prosecution of the appellants under Section 191, 192 and 193 IPG. The Court further directed that a complaint under Section 195 Cr.P.C. against the appellants be also instituted in the Court of ACMM for prosecution. The said direction was given by the learned Family Court invoking its power under Section 340 Cr.P.C. at the instance of Mr. Deepak Ghai who had filed an application under Section 151 C.P.C. bringing to the notice of the Court that Mr. Anmol Dhingra and Smt. Karishma Dhingra along with their family members andAdvocates had fraudulently obtained a decree of divorce. Mr. Deepak Ghai, whistle blower had filed an application praying that the decree ofdivorce dated 5'*' May, 2010 granted by the Family Court be set aside/annulled and has further prayed for criminal prosecution to be launched against all the persons who are involved in the fraudulent exercise. Mr. Deepak Ghai, undisputedly was not a party to the matrimonial proceedings between Mr. Anmol Dhingra and Smt. Karishma Dhingra. Learned Family Court by a detailed order has reached to the conclusion that both the husband and the wife had intentionally and deliberately made false averments in theirrespective petitions under Section 13B(1) and 13B(2) of the Hindu Marriage Act, 1955. Both ofthem hadalso swomed false affidavit in support of the said petition. During the course of hearing of the present appeals, it has been brought to our notice that so far as the marriage ofMr. Anmol Dhingra with Smt. Karishma Dhingra is concerned, the same stood dissolved vide order dated 6"" February, 2012 by a decree of mutual consent as envisaged under Section 13(B)(2) ofthe Hindu Marriage Act. Both these persons are present in Court and submit that they are V 2-^ happily living their own lives. Mr. Rajeev Kapoor, Advocate representing Mr. Deepak Ghai, on instructions states that he does not wish to take any further action to seek prosecution of these appellants, and, therefore, he is not pressing the application filed by him under Section 151 CPC seeking prosecution of these appellants. Considering the fact that the respondentNo.2 Mr. Deepak Ghai is not pressing the application filed by him under Section 151 CPC. therefore, without touching the merits ofthe case, we dismiss the said application filed by respondent No.2 as withdrawn. As aresult of the dismissal ofthe said application, the impugned order dated 6^^ February, 2012 is hereby set aside. We appreciate the gesture shown by Mr. Rajeev Kapoor in putting an end to this litigation. Dasti. Trial Court record be sent back along with copy ofthis order. KAILA^ GAMBHIR, J V.P.VAISH, J AUGUST 07,2015 nk
JUDGMENT