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HIGH COURT OF DELHI
: + CRL.M.C. 1246/2018 & CRL.M.A. 4564/2018 KARISHMA KHOSLA & ORS Petitioner
Through: Ms. Niharika Ahluwalia, Adv.
: + CRL.M.C. 1246/2018 & CRL.M.A. 4564/2018 KARISHMA KHOSLA & ORS Petitioner
Through: Ms. Niharika Ahluwalia, Adv.
VERSUS
. '
GOVT OF NCt OF DELm & ORS Respondent
Through: Mr. Izhar Ahmad, APP forState with SI Janak Singh, PS New Friends
Colony.
Mr. Prosenjeet Banerjee,-Adv. for R-2
• •to 4 with R-2 to R-4 in person. ^
GOVT OF NCt OF DELm & ORS Respondent
Through: Mr. Izhar Ahmad, APP forState with SI Janak Singh, PS New Friends
Colony.
Mr. Prosenjeet Banerjee,-Adv. for R-2
• •to 4 with R-2 to R-4 in person. ^
AND
CRL.M.C. 1252/2018 & CRL.M.A. 4582/2018
DEEPAK KHOSLA , Petitioner
Through: Mr. Prosenjeet Banerjee, Adv.
DEEPAK KHOSLA , Petitioner
Through: Mr. Prosenjeet Banerjee, Adv.
VERSUS
'
THE GOVERMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI ( STATE )&ANR Respondent
Through: Mr! Izhar Ahmad, APP for State with . - SI Kishore Kumar, PS Patel Nagar.
Ms. Niharika Ahluwalia, Adv. for respondents with respondents in -
. person.
THE GOVERMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI ( STATE )&ANR Respondent
Through: Mr! Izhar Ahmad, APP for State with . - SI Kishore Kumar, PS Patel Nagar.
Ms. Niharika Ahluwalia, Adv. for respondents with respondents in -
. person.
CORAM:
HON'iBLE MS. JUSTICE ANU MALHOTRA
- 12.03.2018 Videthe present CRL.M.C. 1246/2018, the petitioner nos. 1 to 4 seek quashing ofFIRNo.110/2017, registered atPSNew Friends Colony, under
- 12.03.2018 Videthe present CRL.M.C. 1246/2018, the petitioner nos. 1 to 4 seek quashing ofFIRNo.110/2017, registered atPSNew Friends Colony, under
CRL.M.C. 1246/2018 & CRL.M.C. 1252/2018 . pageno. lofs.
2018:DHC:8407 Sections 420 Indian Penal Code, 1860 which as per .the FIR is indicated to be under. Section 420 r/w 34 Indian Penal Code, 1860 lodged on the' complaint of the respondent no.2 Mr. Deepak Khosla along with co- complainant Mr. N.K. Khosla and Mrs. Neera Khosla arrayed on record as the respondent nos. 3&'4 submitting to the effect that asettlement hks been arrived at between the petitioners and the respondent nos. 2 to 4 inthe Court of proceedings at the Counselling Cell, Family Court, South-East, Saket
Court, New Delhi during the proceedings in relation to FIR No. 1062/2015, PS Patel Nagar whereby the marriage between the petitioner no.l\herein and the respondent no.2 has been dissolved vide a decree ofdivorce through mutual consent under Section 13(B)(2) of the Hindu Marriage Act, 1955 vide decree dated 02.02.2018. of the Court of the Judge, Family Court, South-East, Saket Courts, New Delhi inHMA No. 158/17, copy ofwhich is on the recordin the presentpetition as Ex. CW2/A.
^ , .1 " ^ •
As per averments made in the petition, a total sum.of Rs. 10 lacs was to be-paid by the respondent nos. 2to 4to. the,petitioner no.'l towards .all her claims qua the FIR No. 1062/2015, PS Patel Nagar, dfwhich a sum ofRs. 7 lacs has been paid previously and the balance surh of Rs. 3 lac has been
- handed over to the petitioner no.1 by the respondent nos. 2 to 4 today in
Court in the form of a Dernand Draft no. 650025 dated 27.02.2018 in the favour of the petitioner no.l herein, in her name as Karishma Bablani in which-name she has an account, as, stated by,her, drawn, on the Cily Bank, copy ofwhich is ontherecord asEx. CW2/C.
The proceedings in relation to the CRL.M.C. 1252/2018 have been taken up simultaneously with the proceedings in the instant case inview of
CRL.M.C; 1246/2018&CIIL.M.C. 1252/2018. - pageho.2of5. the settlement that has been arrived at between the parties at the Cqunselling
Cell, Family Court, South-East, Saket Court, New Delhi which indicates that itwas ajoint settlement in relation to both the FIRs i.e. FIR No. 110/2017, PS New Friends Colony and FIR No. 1062/2015, PS Patel Nagar, The FIR
No. 1062/2015, PS Patel Nagar under Sections 498A/406/34 Indian Penal
Code, 1860 lodged on the complainant of Ms. Karishma Khosla now Ms. Karishma Bablani against her former spouse Mr. Deepak Khosla and his parents andalso against hersister-in-law Vandana Khosla Jain. , The FIR No. 110/2017, PS New Friends Colony is indicated to have
V ' been registered by Mr, Deepak Khosla, former .spouse of Ms. Karishma Bablani and by Mr. N.K. Khosla and Mrs.. Neera Khosla, former parents-in- law of, Ms. Karishma Bablani against Ms. Karishma Khosla now Ms., Karishma Bablani and against her parents Mr. Mohinder Bablani and Mrs. Chanda Bablani and her sister Mrs. Sugandh Bablani. Vide this petition i.e.
Crl. M.C. 1252/2018, the petitioners seek quashing of FIR No. 1062/2015, I
PS Patel Nagar, under Section 498A Indian Penal Code, 1860. It has been submitted on behalf of the State and as borne out frorh the FIR itself, the
FIR is indicated to have been registered under Sections 498A/406/34 Indian
, . ^ Penal Code, 1860-and qua the Sections 406/34 Indian Penal Code, 1860 it has been submitted by the respondent no.2 arrayed to.this petition i.e. Ms.'
- Karisham Bablani that she has no claims of hers left against the petitioners quaher articles of dowry and stridhan and thus this petition has been taken as being one seeking quashing of. the alleged commission of the offences punishable under Sections 498A/406/34 Indian Penal Code, 1860.
The statements ofthe complainants in FIRNo. 110/2017, PS New
2018:DHC:8407 Sections 420 Indian Penal Code, 1860 which as per .the FIR is indicated to be under. Section 420 r/w 34 Indian Penal Code, 1860 lodged on the' complaint of the respondent no.2 Mr. Deepak Khosla along with co- complainant Mr. N.K. Khosla and Mrs. Neera Khosla arrayed on record as the respondent nos. 3&'4 submitting to the effect that asettlement hks been arrived at between the petitioners and the respondent nos. 2 to 4 inthe Court of proceedings at the Counselling Cell, Family Court, South-East, Saket
Court, New Delhi during the proceedings in relation to FIR No. 1062/2015, PS Patel Nagar whereby the marriage between the petitioner no.l\herein and the respondent no.2 has been dissolved vide a decree ofdivorce through mutual consent under Section 13(B)(2) of the Hindu Marriage Act, 1955 vide decree dated 02.02.2018. of the Court of the Judge, Family Court, South-East, Saket Courts, New Delhi inHMA No. 158/17, copy ofwhich is on the recordin the presentpetition as Ex. CW2/A.
^ , .1 " ^ •
As per averments made in the petition, a total sum.of Rs. 10 lacs was to be-paid by the respondent nos. 2to 4to. the,petitioner no.'l towards .all her claims qua the FIR No. 1062/2015, PS Patel Nagar, dfwhich a sum ofRs. 7 lacs has been paid previously and the balance surh of Rs. 3 lac has been
- handed over to the petitioner no.1 by the respondent nos. 2 to 4 today in
Court in the form of a Dernand Draft no. 650025 dated 27.02.2018 in the favour of the petitioner no.l herein, in her name as Karishma Bablani in which-name she has an account, as, stated by,her, drawn, on the Cily Bank, copy ofwhich is ontherecord asEx. CW2/C.
The proceedings in relation to the CRL.M.C. 1252/2018 have been taken up simultaneously with the proceedings in the instant case inview of
CRL.M.C; 1246/2018&CIIL.M.C. 1252/2018. - pageho.2of5. the settlement that has been arrived at between the parties at the Cqunselling
Cell, Family Court, South-East, Saket Court, New Delhi which indicates that itwas ajoint settlement in relation to both the FIRs i.e. FIR No. 110/2017, PS New Friends Colony and FIR No. 1062/2015, PS Patel Nagar, The FIR
No. 1062/2015, PS Patel Nagar under Sections 498A/406/34 Indian Penal
Code, 1860 lodged on the complainant of Ms. Karishma Khosla now Ms. Karishma Bablani against her former spouse Mr. Deepak Khosla and his parents andalso against hersister-in-law Vandana Khosla Jain. , The FIR No. 110/2017, PS New Friends Colony is indicated to have
V ' been registered by Mr, Deepak Khosla, former .spouse of Ms. Karishma Bablani and by Mr. N.K. Khosla and Mrs.. Neera Khosla, former parents-in- law of, Ms. Karishma Bablani against Ms. Karishma Khosla now Ms., Karishma Bablani and against her parents Mr. Mohinder Bablani and Mrs. Chanda Bablani and her sister Mrs. Sugandh Bablani. Vide this petition i.e.
Crl. M.C. 1252/2018, the petitioners seek quashing of FIR No. 1062/2015, I
PS Patel Nagar, under Section 498A Indian Penal Code, 1860. It has been submitted on behalf of the State and as borne out frorh the FIR itself, the
FIR is indicated to have been registered under Sections 498A/406/34 Indian
, . ^ Penal Code, 1860-and qua the Sections 406/34 Indian Penal Code, 1860 it has been submitted by the respondent no.2 arrayed to.this petition i.e. Ms.'
- Karisham Bablani that she has no claims of hers left against the petitioners quaher articles of dowry and stridhan and thus this petition has been taken as being one seeking quashing of. the alleged commission of the offences punishable under Sections 498A/406/34 Indian Penal Code, 1860.
The statements ofthe complainants in FIRNo. 110/2017, PS New
CRL.M.C. 1246/2018 &CRL.M.C. 1252/2018 • . page no. 3 ofs.
Friends Colony and thestatement ofthe. complainant inFIRNo. 1062/2015, PS Patel Nagar have been recorded. .
TheInvestigating Officer of both the cases i.e. SI Janak Singh, PS
New Friends Colony in Crl, M.C. 1246/2018 and SI Kishor Kumar in Crl.
Friends Colony and thestatement ofthe. complainant inFIRNo. 1062/2015, PS Patel Nagar have been recorded. .
TheInvestigating Officer of both the cases i.e. SI Janak Singh, PS
New Friends Colony in Crl, M.C. 1246/2018 and SI Kishor Kumar in Crl.
M.C. 1252/2018 present today in Court have identified the accused and the complainants ineach ofthe cases. The proofs ofidentity ofthe petitioners in each of the cases and of therespondents (except that of Mr. Deepak Khosla) in each of the cases in the form of photocopies of their Aadhar Cards are on the record, originals of which haye been_.seen and returned. Mr. Deepak'
W Khosla has produced his original Driving Licence, copy of the same be placed on record.
Learned APP for the State submits that in view of .the settlement arrived at between theparties, there is no opposition to the prayer made by
,the petitioners of each of the petitions seeking quashing of the FIRs in question. . _ ^
. The statements of the complainants in each of the cases indicate that the settlement arrived at between the parties, has been anrived at voluntarily of their own accord without any duress, pressure or coercion from any quarter and in the circumstances of the cases as apparently both FIRs
, indicate that they are a consequence of a matrimonial discord between the petitioner no.1 in Crl. M.C. 1246/2018 and Mr. Deepak Khosla arrayed as therespondent no.2 therein who is arrayed as thepetitioner no.1inCrl. M.C.
1252/2018 in which Karishma Bablani is arrayed as the respondent no.2 therein, which matrimonial discord between them has apparently been resolved vide a decree of divorce through mutual consent under Section
W Khosla has produced his original Driving Licence, copy of the same be placed on record.
Learned APP for the State submits that in view of .the settlement arrived at between theparties, there is no opposition to the prayer made by
,the petitioners of each of the petitions seeking quashing of the FIRs in question. . _ ^
. The statements of the complainants in each of the cases indicate that the settlement arrived at between the parties, has been anrived at voluntarily of their own accord without any duress, pressure or coercion from any quarter and in the circumstances of the cases as apparently both FIRs
, indicate that they are a consequence of a matrimonial discord between the petitioner no.1 in Crl. M.C. 1246/2018 and Mr. Deepak Khosla arrayed as therespondent no.2 therein who is arrayed as thepetitioner no.1inCrl. M.C.
1252/2018 in which Karishma Bablani is arrayed as the respondent no.2 therein, which matrimonial discord between them has apparently been resolved vide a decree of divorce through mutual consent under Section
CRL.M.C. 1246/2018&CRL.M.C. 1252/2018 - ' - • " ' . pagenoMofS.
J
13(B)(2) bf the-Hindu Marriage Act, 1955 vide decree dated 02.02.2018 of the Court of the Judge, Family Court, South-East, Saket Courts, New Delhi., in HMA No. .158/17. There is no child bom of the wedlock between Mr. Deepak Khosla and Ms. Karishma Bablani. In view ofthe statements made > by the complainant of both FIRs and taking into account the dissolution of the matrimonial discord between them and non-opposition on behalf of the
State, it is considered appropriate to put a quietus to the litigation between themfor maintenance ofpeace and harmony between them especially as Ms. Karisham Bablani states,thafshe only seeks peace ofmind now.
. In view thereof the FIR, No.110/2017, registered at PS New Friends
Colony, under Sections 420 r/w 34 Indian Penal Code, 1860 and the FIR
No.1062/2015, registered at PS'Patel Nagar, under Sections,498A/406/34
Indian Penal Code, 1860 against the petitioners in each of the cases and all the consequential proceedings emanating therefrom against all the accused ^
. arrayed therein are,,quashed.
I
ANU MALHQTRA, J MARCH 12, 2018 vm
J
13(B)(2) bf the-Hindu Marriage Act, 1955 vide decree dated 02.02.2018 of the Court of the Judge, Family Court, South-East, Saket Courts, New Delhi., in HMA No. .158/17. There is no child bom of the wedlock between Mr. Deepak Khosla and Ms. Karishma Bablani. In view ofthe statements made > by the complainant of both FIRs and taking into account the dissolution of the matrimonial discord between them and non-opposition on behalf of the
State, it is considered appropriate to put a quietus to the litigation between themfor maintenance ofpeace and harmony between them especially as Ms. Karisham Bablani states,thafshe only seeks peace ofmind now.
. In view thereof the FIR, No.110/2017, registered at PS New Friends
Colony, under Sections 420 r/w 34 Indian Penal Code, 1860 and the FIR
No.1062/2015, registered at PS'Patel Nagar, under Sections,498A/406/34
Indian Penal Code, 1860 against the petitioners in each of the cases and all the consequential proceedings emanating therefrom against all the accused ^
. arrayed therein are,,quashed.
I
ANU MALHQTRA, J MARCH 12, 2018 vm
CRL.M.C. 1246/2018 &CRL.M.C. 1252/2018 • ' pageno.sofs.
JUDGMENT