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W.P.(Crl.) 3054/2019 HIGH COURT OF DELHI
Date of Decision: November 04, 2019
Date of Decision: November 04, 2019
W.P.(CRL) 3054/2019 & CRL.M.A. 39279/2019
RAHUL MEHTA & ANR. ..... Petitioners
Through Ms. Prerna Arora, Advocate for Mr. Vineer Mehta, Advocates
RAHUL MEHTA & ANR. ..... Petitioners
Through Ms. Prerna Arora, Advocate for Mr. Vineer Mehta, Advocates
VERSUS
THE STATE, DELHI & ANR. ..... Respondents
Through Mr. Sanjay Lao, ASC with Mr. Karanjeet Sharma, Advocate
Ms. Sangya Gupta, Advocate with respondent No.2 in person
Through Mr. Sanjay Lao, ASC with Mr. Karanjeet Sharma, Advocate
Ms. Sangya Gupta, Advocate with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
Quashing of FIR No. 50/2019, under Sections 498-A/406/34 IPC, registered at police station Defence Colony, New Delhi is sought by petitioners on the ground that the matrimonial dispute between petitioner
No.1-husband and respondent No.2-wife stands amicably settled in terms of Settlement Deed of 9th July, 2019 and decree of divorce has been already granted by the Family Court on 11th October, 2019.
Notice.
Mr. Sanjay Lao, Additional Standing Counsel for respondent
No.1/State and Ms. Sangya Gupta, Advocate for respondent No.2, accept
2019:DHC:5716 notice.
Learned Additional Standing Counsel for State submits that respondent No.2 is present in the Court and she has been duly identified to be complainant of FIR in question on the basis of identity proof furnished by her.
Respondent No.2, present in the Court, submits that the matrimonial dispute with petitioners has been amicably resolved in terms of Settlement Deed of 9th July, 2019 and decree of divorce has been already granted by the Family Court on 11th October, 2019 and that now, no grievance against petitioners survives and therefore, the FIR in question and proceedings emanating therefrom be quashed.
Petitioner No.1/husband and respondent No.2/wife, present in the
Court, undertake that they will abide by the terms of Settlement Deed of
9th July, 2019 and will not interfere in the life of each other in any manner whatsoever. Petitioner No.1 undertakes that in terms of Settlement Deed of 9th July, 2019, custody of the child born out of this wedlock would exclusively remain with respondent No.2/wife and visitation rights would not be claimed.
The aforesaid undertaking furnished by both the sides is taken on record.
Since the subject matter of the FIR in question is essentially matrimonial, which stands mutually and amicably resolved between the parties and decree of divorce has been already granted by the Family
Court, no useful purpose would be served in continuation of proceedings arising out of FIR in question.
In view of the above, FIR No. 50/2019, under Sections 498-
A/406/34 IPC, registered at police station Defence Colony, New Delhi and the proceedings emanating therefrom, are hereby quashed.
This petition and application stand accordingly disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 04, 2019 r
Quashing of FIR No. 50/2019, under Sections 498-A/406/34 IPC, registered at police station Defence Colony, New Delhi is sought by petitioners on the ground that the matrimonial dispute between petitioner
No.1-husband and respondent No.2-wife stands amicably settled in terms of Settlement Deed of 9th July, 2019 and decree of divorce has been already granted by the Family Court on 11th October, 2019.
Notice.
Mr. Sanjay Lao, Additional Standing Counsel for respondent
No.1/State and Ms. Sangya Gupta, Advocate for respondent No.2, accept
2019:DHC:5716 notice.
Learned Additional Standing Counsel for State submits that respondent No.2 is present in the Court and she has been duly identified to be complainant of FIR in question on the basis of identity proof furnished by her.
Respondent No.2, present in the Court, submits that the matrimonial dispute with petitioners has been amicably resolved in terms of Settlement Deed of 9th July, 2019 and decree of divorce has been already granted by the Family Court on 11th October, 2019 and that now, no grievance against petitioners survives and therefore, the FIR in question and proceedings emanating therefrom be quashed.
Petitioner No.1/husband and respondent No.2/wife, present in the
Court, undertake that they will abide by the terms of Settlement Deed of
9th July, 2019 and will not interfere in the life of each other in any manner whatsoever. Petitioner No.1 undertakes that in terms of Settlement Deed of 9th July, 2019, custody of the child born out of this wedlock would exclusively remain with respondent No.2/wife and visitation rights would not be claimed.
The aforesaid undertaking furnished by both the sides is taken on record.
Since the subject matter of the FIR in question is essentially matrimonial, which stands mutually and amicably resolved between the parties and decree of divorce has been already granted by the Family
Court, no useful purpose would be served in continuation of proceedings arising out of FIR in question.
In view of the above, FIR No. 50/2019, under Sections 498-
A/406/34 IPC, registered at police station Defence Colony, New Delhi and the proceedings emanating therefrom, are hereby quashed.
This petition and application stand accordingly disposed of.
(BRIJESH SETHI)
JUDGE
NOVEMBER 04, 2019 r