Rohit Singh Chauhan & Ors. v. The State & Anr.

Delhi High Court · 18 Dec 2019 · 2019:DHC:7098
Brijesh Sethi
W.P.(CRL) 3510/2019
2019:DHC:7098
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, 34, and 323 IPC following amicable settlement and divorce decree in a matrimonial dispute.

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W.P.(CRL) 3510/2019
HIGH COURT OF DELHI
Date of Decision: December 18, 2019
W.P.(CRL) 3510/2019 & Crl.M.As. 42937-38/2019
ROHIT SINGH CHAUHAN & ORS. ..... Petitioners
Through: Mr. PhoolKumar Singhania, Advocate with petitioners in person
VERSUS
THE STATE & ANR. ..... Respondents
Through: Mr. R.S. Kundu, Additional Standing Counsel for respondent
No.1/State with SI Sunil Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 233/2015, under Sections 498-A/406/34/323
IPC, registered at police station Keshav Puram, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved through Delhi Mediation Centre, Rohini Courts, Delhi in terms of Settlement Agreement of 4th September, 2018 and that decree of divorce has been granted on 18th February, 2019.
Notice.
Mr. R.S. Kundu, learned Addl. Standing Counsel for the respondent/State accepts notice and submits that petitioners as well as
2019:DHC:7098
W.P.(CRL) 3510/2019 respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified on the basis of identity proof furnished by them.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved through Delhi Mediation
Centre, Rohini Courts, Delhi and terms of settlement reached between the parties have been fully acted upon as today, she has received the balance settled amount of Rs.2,00,000/- by way of demand draft bearing
No.008639, dated 17th December, 2019, drawn on Axis Bank, New Delhi from petitioners and that decree of divorce has been granted on 18th February, 2019. Respondent No.2 submits that now no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Since the matrimonial dispute stands amicably resolved between the parties, this petition is allowed and FIR No. 233/2015, under Sections
498-A/406/34/323 IPC, registered at police station Keshav Puram, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition and applications stand disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 18, 2019 r 2019:DHC:7098