Abhishek Gandhi v. State

Delhi High Court · 17 Aug 2012 · 2012:DHC:8081
M. L. Mehta
CRL.M.C. 1179/2012
2012:DHC:8081
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR arising from a matrimonial dispute following an amicable compromise and divorce by mutual consent, exercising its inherent powers under Section 482 CrPC.

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$-4 HIGH COURT OF DELHI
CRL.M.C. 1179/2012
ABHISHEK GANDHI & ANR. Petitioner
Through: Petitioners in personwith Mr.Shailendra
Babbar, Adv.
VERSUS
STATE & ANR. Respondent
Through: Ms.Fizani Husain, APP.
R2 in personwith Mr.Amrik Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE MX. MEHTA
08.05.2012 Crl.M.A.No. 4181/2012 (Exemption)
Exemption allowed, subject to alljust exceptions.
Application stands disposed of.
CrLM.C. 1179/2012 This is a petition for quashing of FIR No. 95/2011, registered at P.S.
Dilshad Garden on the ground that the parties have inter se compromised the matter. FIR was registered on the complaint of the respondent No. 2 JyotiAhuja.
Boththe parties are present in person and are identified by their respective counsels. The petitioner Abhishekwas marriedwith respondentNo. 2. However, due to matrimonial discord, the FIR came to be registered against the petitioner
Abhishek and his family members. Now, the parties have arrived at a
2012:DHC:8081 compromise at Karkardooma District Courts Mediation Centre. In pursuance of the settlement, the couple has been separated by decree of divorce my mutual consent on 7.5.2012. The couple has a daughter Kayna, aged 9 years, who is in custody and care ofher mother (complainant) and shall continue^to be so, subject to the visiting rights of petitioner Abhishek, as agreed between the parties.
Kissan Vikas Patras in the sum of Rs. 20 Lakhs in the name of minor daughter
Kayna are stated to be lying in the Family Court at Karkardooma District Courts.
The same shall be released to the respondent No. 2/Jyoti.
Respondent No. 2 states that she has compromised the matter with the petitioners out of her own free will and volition and without any pressure or coercion of any sort and now, she is left with no grievance against the petitioners and she has no objection ifthe present FIR is quashed.
In view ofthe foregoing and the fact that the parties have amicably resolved all their disputes, no useful purpose would be served by^continuing with the FIR.
Accordingly, FIR No. 95/2011, registered at P.S. Dilshad Garden and all the consequential proceedings arising therefrom are hereby quashed. Bail bonds of the petitioners are cancelled and their sureties are discharged.
The petition stands disposed of accordingly.
Dasti to the parties.
MAY 08, 2012 M.L. MEHTA,J Iz ^ VMO!rIu1)Svc| wJ-CAi)-| ^)$
|)\o IM 41$~ HIGH COURT OF DELHI
CRL.M.C. 1179/2012
ABHISHEK GANDHI & ANR. Petitioner
Through Mr. ShailendraBabbar, Advocate.
VERSUS
STATE & ANR. Respondent
Through
CORAM:
HON'BLE MR. JUSTICE M.L. MEHTA
17.08.2012 CrI. M. A. No. 13949/2012 in CRL.M.C. 1179/2012
This application has beenmoved by the petitioner seeking modification of order dated 8.5.2012.
Heard.
The FIR bearing No. 95/2011 registered at P.S. Seema Puri which was quashed by the said order, the name of the police station has been wrongly typed as "DilshadGarden". Accordingly, in the said orderwherever the word
"Dilshad Garden" is written the same may be read as "Seema Puri".
In view of the above directions, the application is disposed of accordingly.
AUGUST 17,2012 pkv [.L. MEHTA^J
JUDGMENT