Sunny Katyal v. State & Anr

Delhi High Court · 19 Jan 2015 · 2015:DHC:10628
Manmohan Singh
CRL.M.C. 3902/2014
2015:DHC:10628
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed two FIRs arising from matrimonial disputes following an amicable family settlement and mutual divorce, exercising its inherent powers under Section 482 Cr.P.C.

Full Text
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i$-3 :| * I' ' + &4 HIGH COURT OF DELHI
CRL.M.C. 3902/2014
SUNNY KATYAL
Petitioner
Through Mr.Gurpreet Singh, Adv. with Ms.Jasmine Detwani, Advs.
VERSUS
STATE & ANR
Through Respondents Mr.M.P.Singh, APP for the State.
Respondent No.2 inperson.
CRL.M.G. 3903/2014
SUNNY KATYAL &ORS
Through Petitioners Mr.Gurpreet Singh, Adv. with
Ms.Jasmine Detwani, Advs.
VERSUS
STATE & ANR
Through Respondents Mr.M.P.Singh, APP for the State.
Respondent No.2 in person.
HONmE MR. JUSTICE MANMOHAN SINGH
19.01.2015 Cri^ No.13359/2014 (pxemption) in rT^. No.1^^<^1/2014 (exemptionlin Crl. M,C. INo.i9U.5/z
Exemption allowed, subjectto justexceptions.
^ The application is disposed of.
2015:DHC:10628 Crl. M.C. No.3902/2014 & CrL
M.A. No.13358/2014 and
Crl. M.C. No.3903/2014 & Crl.
M.A. No.13360/2014
These are two petitions filed by the petitioners under Section 482
Cr.P.C. read with Article 226 of the Constitution of India for quashing of two FIRs, i.e. (i) bearing No.232/2012 registered on July, 2012, under
Section 66A/66D Information Technology Act, 2000 read with Section 509
IPC, at P.S. Punjabi Bagh, Delhi, and(ii)bearing No.311/2012 registered on
24"^ September, 2012, under Sections 498-A/406/34 IPC at P.S. Punjabi
Bagh,Delhi, both on the complaint of respondent No.2.
Brief facts of the case are that the marriage between the petitioner
Sunny Katyal and respondent No.2 was solemnized on27^^ November, 2010 according to Hindu rituals and customs. Due to temperamental differences, they are living separately from each other since May, 2012. In the meanwhile, on the complaint made by respondent No.2, the aforesaid two
FIRs were registered against the petitioners. During the pendency of the proceedings, the petitioner/husband and respondent No.2 have settled their disputes amicably by virtue of Memorandum of Family Settlement dated
19^'' February, 2014. The said settlement is duly signed by the parties. Copy of the same is placed on the record. The said settlement is acted upon between the parties. The marriage between petitioner No.l and respondent
No.2 was also dissolved by virtue of a decree of divorce by mutual consent dated 22°'' August, 2014. Copy ofthe said
ORDER
is also placed on the record.
All the petitioners as well as respondent No.2 are present in Court who are duly identified by their counsel. Respondent No.2 has confirmed the settlement as well as receiving the entire amount from petitioner No.l in
\ * terms thereof. She has no objection if the prayer made in the petition is allowed.
In view ofthe settlement, the two FIRs, i.e. (i) bearing No.232/2012 registered on July, 2012, under Section 66A/66D Information
Technology Act, 2000 read with Section 509 IPG, at P.S. Punjabi Bagh, Delhi, and (ii) bearing No.311/2012 registered on 24^ September, 2012, under Sections 498-A/406/34 IPG at P.S. Punjabi Bagh, Delhi, and proceedings pursuant thereto are hereby quashed qua the petitioners.
The petitions are accordingly disposed of Pending applications also stand disposed of
JANUARY 19,2015 [O ,J.