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/ $-40 & 41 HIGH COURT OF DELHI
CRL.M.C. 1841/2018 petitioners
DEEPAK CHOPRA&ORS. ^ Anthwal, Advocates.
CRL.M.C. 1841/2018 petitioners
DEEPAK CHOPRA&ORS. ^ Anthwal, Advocates.
VERSUS
STATE & ANR.
Through;
Through;
CRL.M.C. 1844/2018 , - rajpal CHOPRA &ANR.
Through:
Through:
VERSUS
STATE & ANR.
Through;
Respondents Mr Kewal Singh Ahuja, APP for State with ASI Ajit Kumar, Pb
AdarshNagar.
Mr. Yogendra Kumar Verma &Mr. Parveen Kumar, Adv for R-2. ..... Petitioners
Mr. Hemant Kumar & Ms. Arushi Anthwal, Advocates.
Respondents Mr. Sanjeev Sabharwal, APP for State with SI Praveen Kumar, PS
Mandawli.
Mr. Yogendra Kumar Verma &Mr. Parveen Kumar, Adv for R-2.
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER o/„ 12.04.2018
Vide the present petition, i.e., CRL.M.C. 1841/18, the petitioners arrayed therein, namely, Deepak Chopra, Rajpal Chopra, Manish Chopra, Pooja Chopra, Preeti Chopra, of whom Rajpal
Chopra and Manish Chopra are also arrayed as petitioners m
2018:DHC:8439
Through;
Respondents Mr Kewal Singh Ahuja, APP for State with ASI Ajit Kumar, Pb
AdarshNagar.
Mr. Yogendra Kumar Verma &Mr. Parveen Kumar, Adv for R-2. ..... Petitioners
Mr. Hemant Kumar & Ms. Arushi Anthwal, Advocates.
Respondents Mr. Sanjeev Sabharwal, APP for State with SI Praveen Kumar, PS
Mandawli.
Mr. Yogendra Kumar Verma &Mr. Parveen Kumar, Adv for R-2.
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER o/„ 12.04.2018
Vide the present petition, i.e., CRL.M.C. 1841/18, the petitioners arrayed therein, namely, Deepak Chopra, Rajpal Chopra, Manish Chopra, Pooja Chopra, Preeti Chopra, of whom Rajpal
Chopra and Manish Chopra are also arrayed as petitioners m
2018:DHC:8439
CRL.M.C.1844/2018, inrelation to FIRNo. 146/17, PS AdarshNagar under Sections 498-A/406/34 of the Indian Penal Code, 1860 in which there are five accused persons, namely, Deepak Chopra, Rajpal
Chopra, Manish Chopra, Pooja Chopra, Preeti Chopra and in relation to FIRNo. 369/16, PS Mandawli Fazalpur under Sections 354/506/34 of the Indian Penal Code, 1860 in which there are two accused persons, namely, Rajpal Chopra and Manish Chopra with the complainant of both the FIRs being Ashu Sehgal, respondent no. 2 arrayed therein, seek quashing of both the FIRs submitting to the
, effect that asettlement has since been arrived at between the parties.
The Investigating Officers of both the cases are present and have been examined as CW-1 in both the cases and have identified
•the accused arrayed in'each ofthe FIRs as present today except Mr. Rajpal Chopra who is not present and is stated to be unwell and m relation to whom the,proof of identity placed on the record has been identified by the Investigating Officers. The proofs of identity ofthe other petitioners arrayed in both the petitions have been identified by the Investigating Officers who have also identified the respondent NO. 2as being the complainant ofboth the FIRs. The petitioners to each ofthe petitions and the respondent no. 2who is the respondent no. 2 in both the petitions submits that asettlement has since been arrived at between the parties both in relation to FIR No. 146/17, PS Adarsh
Nagar under Sections 498-A/406/34 of the Indian Penal Code, 1860 against the five ofthe accused arrayed therein and in relation to FIR
No. 369/16, PS Mandawli Fazalpur under Sections 354/506/34 ofthe
Indian Penal Code, 1860 against the two accused arrayed therein and
/ ' that in terms of the settlement arrived at between the parties, the marriage between one Deepalj Chopra aiTayed as petitioner no. 1m
CRL.M.C.1841/18 and the respondent no. 2to both the petitions has sincebeen dissolved by adecree ofdivorce through mutual consent in
HMA no. 1634/18 vide adecree dated 23.01.2018 ofthe Court ofthe
.Principal Judge, Family Courts, North District, Delhi, copy ofwhich is on the record of the proceedings in CRL.M.C.1841/18 as Ex.
CW2/A. ^ .
The respondent no. 2has further stated that there is no child born out of the wedlock between- her and the petitioner Deepak
Chopra and has stated that in terms of the stated settlement, atotal sum ofRs. 5,00,000/- was to be paid to her by the petitioners, out of which asum ofRs. 3,00:000/- has been received by her at the time of the proceedings u/s 13(B)(1) ofthe HMA and asum ofRs. 1,00,000/- has been received by her during the proceedings u/s 13(B)(2) of the
HMA and also in terms of the settlement, a further sum of Rs.
1,00,000/- is to be paid to her by the petitioners in two instalments of
Rs. 50,000/- each, i.e., one instalment of Rs. 50,000/- qua the quashing of the FIR NO. 146/17, PS Adarsh Nagar under Sections
498-A/406/34 ofthe Indian Penal Code, 1860 and the other instalment of Rs. 50,000/- in relation to the FIR no. 369/16, PS MandawU
Fazalpur in aconnected petition and the said amount has beenhanded over to her today in the court in the form oftwo banker's cheque each of Rs. 50,000/- bearing no. 117275 dated 17.02.2018 and 117276 dated 17.02.2018 both in her favour and both drawn on the State Bank of India, photocopies of which are placed on the record of the
VI proceedings in CRL.M.C.1841/18 as Ex. CW2/B and Ex. CW2/C.
Slie has further stated that there are now no claims ofhers left against the petitioners in both the petitions, i.e., CRL.M.C.1841/18 and
CRL.M.C.1844/18.
On behalf of the State, there is no opposition by the learned
APP in each ofthe case in view ofthe settlement arrived at between the parties.
In view ofthe deposition ofthe respondent no. 2, there appears no reason to disbelieve the statement made by her that she has arrived at asettlement with the petitioners voluntarily of her own accord without any duress, coercion or pressure from ,any quarter, it is considered appropriate to put aquietus to the litigation between the parties for the maintenance ofpeace and harmony betweenthe parties.
In view thereof, the FIR No. 146/17, PS Adarsh Nagar under
Sections 498-A/406/34 of the Indian Penal Code, 1860 against the five petitioners in CRL.M.C.1841/18 and FIR No. 396/16, PS
Mandawli Fazalpur under Sections 354/506/34 of the Indian Penal
Code, 1860 against the two petitioners therein in CRL.M.C. 1844/18 and all consequential proceedings emanating therefrom are thus quashed.
APRIL 12, 2018 NC anu malhotra, j
Chopra, Manish Chopra, Pooja Chopra, Preeti Chopra and in relation to FIRNo. 369/16, PS Mandawli Fazalpur under Sections 354/506/34 of the Indian Penal Code, 1860 in which there are two accused persons, namely, Rajpal Chopra and Manish Chopra with the complainant of both the FIRs being Ashu Sehgal, respondent no. 2 arrayed therein, seek quashing of both the FIRs submitting to the
, effect that asettlement has since been arrived at between the parties.
The Investigating Officers of both the cases are present and have been examined as CW-1 in both the cases and have identified
•the accused arrayed in'each ofthe FIRs as present today except Mr. Rajpal Chopra who is not present and is stated to be unwell and m relation to whom the,proof of identity placed on the record has been identified by the Investigating Officers. The proofs of identity ofthe other petitioners arrayed in both the petitions have been identified by the Investigating Officers who have also identified the respondent NO. 2as being the complainant ofboth the FIRs. The petitioners to each ofthe petitions and the respondent no. 2who is the respondent no. 2 in both the petitions submits that asettlement has since been arrived at between the parties both in relation to FIR No. 146/17, PS Adarsh
Nagar under Sections 498-A/406/34 of the Indian Penal Code, 1860 against the five ofthe accused arrayed therein and in relation to FIR
No. 369/16, PS Mandawli Fazalpur under Sections 354/506/34 ofthe
Indian Penal Code, 1860 against the two accused arrayed therein and
/ ' that in terms of the settlement arrived at between the parties, the marriage between one Deepalj Chopra aiTayed as petitioner no. 1m
CRL.M.C.1841/18 and the respondent no. 2to both the petitions has sincebeen dissolved by adecree ofdivorce through mutual consent in
HMA no. 1634/18 vide adecree dated 23.01.2018 ofthe Court ofthe
.Principal Judge, Family Courts, North District, Delhi, copy ofwhich is on the record of the proceedings in CRL.M.C.1841/18 as Ex.
CW2/A. ^ .
The respondent no. 2has further stated that there is no child born out of the wedlock between- her and the petitioner Deepak
Chopra and has stated that in terms of the stated settlement, atotal sum ofRs. 5,00,000/- was to be paid to her by the petitioners, out of which asum ofRs. 3,00:000/- has been received by her at the time of the proceedings u/s 13(B)(1) ofthe HMA and asum ofRs. 1,00,000/- has been received by her during the proceedings u/s 13(B)(2) of the
HMA and also in terms of the settlement, a further sum of Rs.
1,00,000/- is to be paid to her by the petitioners in two instalments of
Rs. 50,000/- each, i.e., one instalment of Rs. 50,000/- qua the quashing of the FIR NO. 146/17, PS Adarsh Nagar under Sections
498-A/406/34 ofthe Indian Penal Code, 1860 and the other instalment of Rs. 50,000/- in relation to the FIR no. 369/16, PS MandawU
Fazalpur in aconnected petition and the said amount has beenhanded over to her today in the court in the form oftwo banker's cheque each of Rs. 50,000/- bearing no. 117275 dated 17.02.2018 and 117276 dated 17.02.2018 both in her favour and both drawn on the State Bank of India, photocopies of which are placed on the record of the
VI proceedings in CRL.M.C.1841/18 as Ex. CW2/B and Ex. CW2/C.
Slie has further stated that there are now no claims ofhers left against the petitioners in both the petitions, i.e., CRL.M.C.1841/18 and
CRL.M.C.1844/18.
On behalf of the State, there is no opposition by the learned
APP in each ofthe case in view ofthe settlement arrived at between the parties.
In view ofthe deposition ofthe respondent no. 2, there appears no reason to disbelieve the statement made by her that she has arrived at asettlement with the petitioners voluntarily of her own accord without any duress, coercion or pressure from ,any quarter, it is considered appropriate to put aquietus to the litigation between the parties for the maintenance ofpeace and harmony betweenthe parties.
In view thereof, the FIR No. 146/17, PS Adarsh Nagar under
Sections 498-A/406/34 of the Indian Penal Code, 1860 against the five petitioners in CRL.M.C.1841/18 and FIR No. 396/16, PS
Mandawli Fazalpur under Sections 354/506/34 of the Indian Penal
Code, 1860 against the two petitioners therein in CRL.M.C. 1844/18 and all consequential proceedings emanating therefrom are thus quashed.
APRIL 12, 2018 NC anu malhotra, j
JUDGMENT