Amit Gaba v. The State (Govt of NCT of Delhi)

Delhi High Court · 15 Apr 2015 · 2015:DHC:10773
Manmohan Singh
CRL.M.C. 1446/2015
2015:DHC:10773
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A and 406 IPC following an amicable settlement and mutual divorce between the parties, holding that continuing criminal proceedings would serve no useful purpose.

Full Text
Translation output
$-31 HIGH COURT OF DELHI
CRL.M.C. 1446/2015
AMIT GABA @ ARUN GABA @ ORS .... Petitioners
Through Mr.Vijay Kr. Wadhwa, Adv. along with petitioners No.1 to 3 in person.
VERSUS
THE STATE (GOVT OF NCT OF DELHI) & ANR.....Respondents
Through Ms.Jasbir Kaur, APP for the State along with ASI Banwari in person.
Mr.Dharmendra Sharma, Adv. with Mr.Anil Saini, Adv. for R-2 along with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
15.04.2015 Petitioners No. 1, 2 & 3 and respondent No.2 are present in Court who have been identified by their respective counsel.
This is a petition filed by the petitioners under Section 482 of the
Code of Criminal Procedure seeking quashing of FIR No. 636/2013 under
Sections 498-A1406 IPC, Police Station Binda Pur, South West District, New Delhi. The aforesaid FIR is registered on the basis of complaint lodged by the complainant/ respondent No. 2, wife of petitioner No.1 herein.
The facts of the case are that marriage between the petitioner No.1 and respondent No. 2 was solemnized on 12th July, 2012 according to Hindu rites and ceremonies. As the disputes arose between them, respondent No. 2 lodged the aforesaid FIR against the petitioners.
It is stated that during the pendency of these proceedings, the
2015:DHC:10773 In petitioner No.1 and respondent No.2 have settled their disputes before the
Counselling Cell, Family Courts, Dwarka Court, New Delhi, on 15th May,
ORDER

2014. Copy of the same is placed on record. The said settlement has been acted upon between the parties. They have also obtained divorce decree by mutual consent on the basis of the settlement. Copy of the decree dated 24th November, 2014 is placed on the record. The complainant! respondent No. 2, who is present in the court, affirms that the matter has been settled with her own consent and now she It has no grievance left against the petitioners and she wishes to withdraw the complaint filed by her against the petitioners. Counsel for the State has no objection to the same. Petitioners No.4 to 11 are not present. Respondent No.2 has no objection if the appearance of the said petitioners be dispensed with, in view of the fact that the disputes between the parties have already been resolved. Ordered accordingly. As per settlement, today balance amount of Rs.50,000!- has paid to the respondent No.2 in cash. In view of the averments made in the petition, I am of the opinion that no useful purpose would be served in continuing the proceedings arising out of the above said FIR. Accordingly, the proceedings arisen from the FIR No. 636/2013 under Sections 498-A/406 IPC, Police Station Binda Pur, South West District, New Delhi, are hereby quashed. The petition stands disposed of. Dasti. UAWM-MiA"I ( APRIL 15, 2015