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$--SB-3 & 5 HIGH COURT OF DELHI
CRL.M.C.771/2018 & Crl.
M.A.No.2815/2018 & Crl. M.A.
2816/2018 KUNAL CHAUHAN AND ORS. Petitioners
Through: Mr. Vishal Gosai and Mr. Harsh Bora, Advocates
CRL.M.C.771/2018 & Crl.
M.A.No.2815/2018 & Crl. M.A.
2816/2018 KUNAL CHAUHAN AND ORS. Petitioners
Through: Mr. Vishal Gosai and Mr. Harsh Bora, Advocates
VERSUS
THE STATE GOVT.OF NOT OF DELHI& ANR....Respondents.
Through: Mr. Tanuj Bhaadan, Advocate for Mr. Avi Singh, ASC for the State along with
SI Dharamvir Singh, P.S.
Nanakpura(CWC).
Mr. Kailash Vasdev, Senior Advocate with Mr.Siddharth Joshi, Mr.Shailendra
Swamp, Ms.Aparajita Swamp and Mr.Arjun D.Singh, Advocates for respondent no.2.
Mr. Jasmeet Singh, CGSC with Mr. Srivats Kaushal,Advocate for UOI.
Through: Mr. Tanuj Bhaadan, Advocate for Mr. Avi Singh, ASC for the State along with
SI Dharamvir Singh, P.S.
Nanakpura(CWC).
Mr. Kailash Vasdev, Senior Advocate with Mr.Siddharth Joshi, Mr.Shailendra
Swamp, Ms.Aparajita Swamp and Mr.Arjun D.Singh, Advocates for respondent no.2.
Mr. Jasmeet Singh, CGSC with Mr. Srivats Kaushal,Advocate for UOI.
W.P.(CRL)3306/2016 & Crl. M.A. 17886/2016& Crl. M.A. 1856/2018
D S CHAUHAN Petitioner
Through: Mr.Kailash Vasdev,Senior Advocate with Mr.Siddharth Joshi, Mr.Shailendra
Swamp,Ms.Aparajita Swamp and Mr.Arjun D.Singh,Advocates
D S CHAUHAN Petitioner
Through: Mr.Kailash Vasdev,Senior Advocate with Mr.Siddharth Joshi, Mr.Shailendra
Swamp,Ms.Aparajita Swamp and Mr.Arjun D.Singh,Advocates
VERSUS
GOVT OF NOT OF DELHI& ANR. Respondents
Through: Mr. Tanuj Bhaadan, Advocate for Mr. n Avi Singh, ASC for the State along with
SI Dharamvir Singh, P.S.
Nanakpura(CWC).
Inspector Rajeev Kumar, Distt. Cyber Cell, South East Distt and SI Sandeep
Pawar.
Mr. Vishal Gosai and Mr. Harsh Bora, Advocates for respondent no.2.
Through: Mr. Tanuj Bhaadan, Advocate for Mr. n Avi Singh, ASC for the State along with
SI Dharamvir Singh, P.S.
Nanakpura(CWC).
Inspector Rajeev Kumar, Distt. Cyber Cell, South East Distt and SI Sandeep
Pawar.
Mr. Vishal Gosai and Mr. Harsh Bora, Advocates for respondent no.2.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL 2019:DHC:7624-DB
09.08.2019 By these petitions filed under Section 482 of the Code of Criminal
Procedure (Cr.P.C.), the parties seek quashing of FIR No.180/2013, P.S.
Nanakpura, Delhi registered under Sections 498A/406/34 IPC and FIR
No.38/2015, P.S. Chitranjan Park, Delhi registered under Section 66-A of
Information Technology Act and consequential proceedings arising therefrom pending before the MM,Mahila Court,Dwarka Courts, Delhi on the ground of settlement arrived at between the parties.
Learned counselsforthe parties submits thatthe parties have arrived at an amicable settlement before this Court in LPA.No.274/2016 titled Devika Singh
V. Kunal Chauhan & Anr, It is further pointed out that one ofthe terms ofthe settlements in LPA.No.274/2016 was for quashing of the present FIRs. in
Crl.M.C.771/2018 and W.P.(Crl).3306/2016.
Parties are present in Court, They are identified by the 10 and their respective counsels. Counsel for the complainant submits that the complainant
Ms. Devika Singh has no objection if the present FIRs and the consequential proceedings arising therefrom are quashed. The complainant,who is present in
Court,submitsthatshe has received balance amountin the sum ofRs.2.50,000/- by way ofbank draft bearing no.506433 dated 08.08.2019 drawn on ICICI Bank in full and final settlement. She submits that quashing ofpresent FIRs was part ofthe settlementin LPA.No.274/2016 titled DevikaSingh v.KunalChauhan &
Anr. She submits that she has no objection if the present FIRs and the consequential proceedings arising therefrom are quashed.
Since the subject matter ofthe present FIRs is essentially matrimonial, which now stands mutually and amicably settled between parties, therefore, continuance ofproceedings arising outofthe presentFIRs in question would be an exercise in futility.
"Ml In view ofthe settlement arrived at between the parties, the petitions are allowed. Accordingly, FIR No.180/2013, P.S. Nanakpura, Delhi registered under Sections 498A/406/34 IPG and FIR No.38/2015, P.S. Chitranjan Park, Delhi registered under Section 66-A of Information Technology Act and the consequential proceedings emanating therefrom pending before the MM,Mahila
Court,Dwarka Courts,Delhi stand quashed.
The petitions stand disposed of.
CrI,M,A,No.2815/2018& CrI,M.A.2816/2018 in CRL.M.C.771/2018
Crl,M.A.17886/2016 & CrI.M.A.1856/2018 in W,P.(CRL)3306/2016
The applications stand disposed of in view of the orders passed in the petitions, G.S.SISTANI,J
SANGIT^iaElHINSftA SEHGAL,J AUGUST 09,2019 pst
Cr/.A/.C 771/20J8& W.P.(Cri)3306/2016 3/3
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL 2019:DHC:7624-DB
09.08.2019 By these petitions filed under Section 482 of the Code of Criminal
Procedure (Cr.P.C.), the parties seek quashing of FIR No.180/2013, P.S.
Nanakpura, Delhi registered under Sections 498A/406/34 IPC and FIR
No.38/2015, P.S. Chitranjan Park, Delhi registered under Section 66-A of
Information Technology Act and consequential proceedings arising therefrom pending before the MM,Mahila Court,Dwarka Courts, Delhi on the ground of settlement arrived at between the parties.
Learned counselsforthe parties submits thatthe parties have arrived at an amicable settlement before this Court in LPA.No.274/2016 titled Devika Singh
V. Kunal Chauhan & Anr, It is further pointed out that one ofthe terms ofthe settlements in LPA.No.274/2016 was for quashing of the present FIRs. in
Crl.M.C.771/2018 and W.P.(Crl).3306/2016.
Parties are present in Court, They are identified by the 10 and their respective counsels. Counsel for the complainant submits that the complainant
Ms. Devika Singh has no objection if the present FIRs and the consequential proceedings arising therefrom are quashed. The complainant,who is present in
Court,submitsthatshe has received balance amountin the sum ofRs.2.50,000/- by way ofbank draft bearing no.506433 dated 08.08.2019 drawn on ICICI Bank in full and final settlement. She submits that quashing ofpresent FIRs was part ofthe settlementin LPA.No.274/2016 titled DevikaSingh v.KunalChauhan &
Anr. She submits that she has no objection if the present FIRs and the consequential proceedings arising therefrom are quashed.
Since the subject matter ofthe present FIRs is essentially matrimonial, which now stands mutually and amicably settled between parties, therefore, continuance ofproceedings arising outofthe presentFIRs in question would be an exercise in futility.
"Ml In view ofthe settlement arrived at between the parties, the petitions are allowed. Accordingly, FIR No.180/2013, P.S. Nanakpura, Delhi registered under Sections 498A/406/34 IPG and FIR No.38/2015, P.S. Chitranjan Park, Delhi registered under Section 66-A of Information Technology Act and the consequential proceedings emanating therefrom pending before the MM,Mahila
Court,Dwarka Courts,Delhi stand quashed.
The petitions stand disposed of.
CrI,M,A,No.2815/2018& CrI,M.A.2816/2018 in CRL.M.C.771/2018
Crl,M.A.17886/2016 & CrI.M.A.1856/2018 in W,P.(CRL)3306/2016
The applications stand disposed of in view of the orders passed in the petitions, G.S.SISTANI,J
SANGIT^iaElHINSftA SEHGAL,J AUGUST 09,2019 pst
Cr/.A/.C 771/20J8& W.P.(Cri)3306/2016 3/3
JUDGMENT