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W.P.(CRL) 3483/2019 1
HIGH COURT OF DELHI
Date of Decision: December 13, 2019
HIGH COURT OF DELHI
Date of Decision: December 13, 2019
W.P.(CRL) 3483/2019 & Crl.M.A. 42647/2019
ASHIMA BHATIA & ORS. ..... Petitioners
Through: Mr. Murari Tiwari, Mr. Rahul Kumar & Mr. Shivam Malhtora, Advocates with petitioners in person
ASHIMA BHATIA & ORS. ..... Petitioners
Through: Mr. Murari Tiwari, Mr. Rahul Kumar & Mr. Shivam Malhtora, Advocates with petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through: Ms. Richa Kapoor, Additional Standing Counsel for respondent
No.1/State Ms. Payal Dhupar, Advocate with respondent No.2 in person
Through: Ms. Richa Kapoor, Additional Standing Counsel for respondent
No.1/State Ms. Payal Dhupar, Advocate with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
A matrimonial discord between the son of respondent No.2 and her daughter-in-law/petitioner No.1 is the basis of lodging FIR No. 87/2018, under Sections 457/380/511 IPC, at police station Rani Bagh, Delhi, against petitioners, quashing of which is sought in this petition.
Learned counsel for the petitioners points out that petitioner No.1 is the daughter in law and petitioners No.2 & 3 are her parents, who are seeking quashing of the aforementioned FIR, registered at the instance of second respondent, who is the mother-in-law. It is submitted that the matrimonial dispute between petitioner No.1 and her husband stands amicably resolved in terms of Settlement Deed of 17th May, 2019 and in 2019:DHC:6969
A matrimonial discord between the son of respondent No.2 and her daughter-in-law/petitioner No.1 is the basis of lodging FIR No. 87/2018, under Sections 457/380/511 IPC, at police station Rani Bagh, Delhi, against petitioners, quashing of which is sought in this petition.
Learned counsel for the petitioners points out that petitioner No.1 is the daughter in law and petitioners No.2 & 3 are her parents, who are seeking quashing of the aforementioned FIR, registered at the instance of second respondent, who is the mother-in-law. It is submitted that the matrimonial dispute between petitioner No.1 and her husband stands amicably resolved in terms of Settlement Deed of 17th May, 2019 and in 2019:DHC:6969
W.P.(CRL) 3483/2019 2 terms thereof, another FIR bearing No.272/2018, under Sections
406/498A/34 IPC, registered at police station Model Town, Delhi has also been quashed today by the Court of Hon’ble Mr. Justice Rajneesh
Bhatnagar.
Ms. Richa Kapoor, learned Additional Standing Counsel for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement
Deed of 17th May, 2019 and that no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.
Accordingly, this petition is allowed and FIR No. 87/2018, under
Sections 457/380/511 IPC, at police station Rani Bagh, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 13, 2019 r 2019:DHC:6969
406/498A/34 IPC, registered at police station Model Town, Delhi has also been quashed today by the Court of Hon’ble Mr. Justice Rajneesh
Bhatnagar.
Ms. Richa Kapoor, learned Additional Standing Counsel for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Settlement
Deed of 17th May, 2019 and that no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Upon hearing and on perusal of the FIR of this Case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the parties.
Accordingly, this petition is allowed and FIR No. 87/2018, under
Sections 457/380/511 IPC, at police station Rani Bagh, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition stands disposed of accordingly.
(BRIJESH SETHI)
JUDGE
DECEMBER 13, 2019 r 2019:DHC:6969