Ganesh@Rohan Chawla & Ors. v. State & Anr

Delhi High Court · 29 May 2015 · 2015:DHC:10750
Manmohan Singh
CRL.M.C.952/2015
2015:DHC:10750
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A and 406 IPC following an amicable settlement and mutual consent divorce between the parties, exercising its inherent powers under Section 482 Cr.P.C.

Full Text
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$-70 HIGH COURT OF DELHI
CRL.M.C.952/2015
GANESH@ROHAN CHAWLA &QRS Petitioners
Through Ms.Renu& Mr.Rajesh Kohli,Advs.
VERSUS
STATE & ANR Respondents
Through Mr.Satish Verma,AFP forthe State along with SI Sahdev Tomar,PS
Kalkaji,in person.
Mr.Rahul Sharma,Adv.for R-2.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
10.03.2015 The present petition has been filed by the petitioners under Section
482Cr.P.C.for quashing ofFIRNo.495/2013,under Sections498-A/406/34
IPG,registered atP.S.Kalkaji,Delhionthe complaintofrespondentNo.2.
Brief facts of the case are that respondent No.2 got married with petitionerNo.Ion 14'^ December, 2006 according to Hindu rites and ceremonies. One male child,namely,Ishaant@Ishit was bom out ofthis wedlock. Duetotemperamentaldifferences,theyarelivingseparatelyfrom each other since March, 2013. In the meanwhile, on the basis of the complaint made by respondent No.2, the aforesaid FIR was registered againstthepetitionerson li'' March, 2013. During the pendency ofthe proceedtngs, the petitioner No.I and respondent No.2 have settled their
2015:DHC:10750 disputes amicably. The said settlement was arrived at between them before the Delhi Mediation Centre, Saket Courts, New Delhi on 3'^'' April, 2014.
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. Copies ofthe
ORDER
and decree dated 3'^'^ November,2014 are placed on the record.
All the petitioners as well as respondent No.2 are present in Court who are duly identified by their respective counsel. Identification proofs have been filed by the parties along with the petition. Respondent
No.2/complainant has confirmed the settlement as well as receiving ofthe entire amountfrom petitioner No.l in terms thereof. She has no objection if the prayer made in the petition is allowed. She has also filed her affidavit in this regard which is placed on the record.
In view ofthe averments made in the petition as well asthe settlement arrived at between the parties, the FIR No.495/2013, under Sections 498-
A/406/34 IPC, registered at P.S. Kalkaji, Delhi and proceedings pursuant thereto are hereby quashed quathe petitioners.
The petition is accordingly disposed of.
MANMOHAN SINGHrJ.
MARCH 10,2015/ka
~ h'ziJ-' C-)/'P ■'fi r
$-43 HIGH COURT OF DELHI
CRL.M.C.952/2015
GANESH@ROHAN CHAWLA&ORS Petitioners
Through Mr.Navdeep Kumar,Adv.with Ms.Aruna,Adv.
versus
STATE & ANR Respondent
Through Mr.Satish Verma,APP forthe State.
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
ORDER
29.05.2015 CrI. M.A.No.8106/2015 Exemption allowed,subjecttojust exceptions.
The application is disposed of.
Crl.M.A.No.8105/2015 The present application has been filed by the petitioner under Section

482 Cr.P.C. for modification ofthe order dated 10^^ March,2015 whereby FIR No.495/2013 under Sections 498-A/406/34 IPG,Police Station Kalkaji, Delhi and proceedings pursuant thereto were quashed. It is stated in the application that inadvertently the FIR number has mentioned as FIR No.495/2013 instead ofFIRNo.95/2013. For the reasons stated in the application,the order dated March, 2015 is modified to the extent that FIR No.495/2013 mentioned in the said order be read as FIR No.95/2013. The application is disposed of. Dasti. OHAN SINGH,J/ MAY 29,2015/jk