Dipty Arora & Ors v. State (GNCT of Delhi) & Anr

Delhi High Court · 02 Dec 2022 · 2022:DHC:5627
Dinesh Kumar Sharma
CRL.M.C. 4812/2019
2022:DHC:5627
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A and 406 IPC following a voluntary settlement between parties and the complainant's withdrawal of objections to prosecution.

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Neutral Citation Number is 2022/DHC/005627
CRL.M.C. 4812/2019
HIGH COURT OF DELHI
CRL.M.C. 4812/2019
DIPTY ARORA & ORS ..... Petitioners
Through: Mr. Ratneswar with Ms. AARZU Khattar, Adv.
VERSUS
STATE (GNCT OF DELHI) & ANR ..... Respondents
Through: Mr. Jatin Kumar Gaur, Adv. R-2 Respondent No.2 in person.
Date of Decision: 2nd December, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. The present petition has been filed for quashing of FIR No.239/2015 U/s 498-A/406/34 IPC. PS Geeta Colony.

2. Statement of Respondent No.2/Ms.Deepika Arora has been recorded separately wherein she has stated that she entered into a settlement dated 15th July, 2017 with the petitioners before the learned Principal Judge, Family Court, Karkardooma, Sahadara, Delhi. Respondent No.2 states that his husband-petitioner No.1 died due to illness.

3. Both the parties state that pursuant to the settlement as recorded at Counseling Cell, Karkardooma Courts, Sahadara, Delhi dated 15th July, 2017, they have settled all their disputes and differences.

4. The Investigating Officer of the case is present and has identified the petitioners and the respondent No.2.

5. The prayer has been made for quashing of the proceedings in FIR No.239/2015 U/s 498-A/406/34 IPC. PS Geeta Colony.

6. She has stated that she has no objection if FIR No.239/2015 U/s 498- A/406/34 IPC. PS Geeta Colony and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

7. In view of the statement of respondent no.2/ Ms.Deepika Arora recorded separately, the case FIR No.239/2015 U/s 498-A/406/34 IPC. PS Geeta Colony and all the proceedings emanating therefrom are quashed.

8. The present petition stands disposed of.

DINESH KUMAR SHARMA, J December 2, 2022 VERMA