Amit Jain & Ors. v. The State Govt of NCT of Delhi & Anr

Delhi High Court · 12 Jan 2018 · 2018:DHC:9304
Sanjeev Sachdeva
CRL.M.C. 89/2018 & CRL.M.C. 104/2018
2018:DHC:9304
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from matrimonial discord after the parties settled their disputes and dissolved their marriage by mutual consent, finding no purpose in continuing criminal proceedings.

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HIGH COURT OF DELHI
CRL.M.C. 89/2018 . • . '
AMIT Jain & OKS .....Petitioners
Through Mr. Manish Chauhan, Advocate.
,
VERSUS
• ' , • -
, THE STATE GOVT OFNOT OF DELHI & ANR Respondents
TlirOugh Mr. Arun Kumar Sharma, APP •
. - , SI Amit Kumar, PS Anand Vihar.
Mr. Subhash Chand, Advocate-for respondent No.2. ., CRL.M.C. 104/2018 ' /
GARIMA JAIN & ORS - Petitioners
Through , Mr. Subhash Chand, Advocate.
VERSUS
• . • .
. - THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents
Through Mr. Arun Kumar Sharma, APP -
, • ' , ASI 'Jatan Swaroop, PS Kirshana .
-Nagar. . - ' Mr. Manish Chauhan, Advocate for respondent No.2. .
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
: 12.01.2018 CrI.M.A.393/2018 (exemption) in CRL.M.C. 89/2018
CrLM.A.468/2018 (exemption) in CRL.M.C; 104/2018
Exemptions areallowed subject to alljust exceptions.
CRLMC. 89/2018 & . - - ' ' Paqel
CRL.M.C. 104/2018 ' • ' . .
2018:DHC:9304
•'H
CRL.M.C. 89/2018 & CrI.M.A.394/2018 (for condonation of delay) & CRL.M.C. 104/2018 & CrI.M.A.469/2018 (for condonation of delay)
ORDER
1.. Petitioners in these respective petitions seek quashing of cross- FIRs which emanate out of a matrimonial discord. The petitioners in GrI.M.C. 89/2018,seek quashing of.FIR No.l 1/2013 under Section 498A/406/34 IPG, Police Station Anand Vihar and the petitioners in Crl.M.C.104/2018 seek quashing of FIR No:20/2013 under Section. 452/327/506/379/34 IPG,Police Station Krishna Nagar.

2. The petitioners and the private respondents in both the petitions are present in Court..They contend that the disputes have arisen out of a matrimonial discord. They have settled all their disputes on, the. terms recorded in Compromise Deed dated 08.12.2013.:It is-contended that all the obligations which were to be performed by the respective parties, as per the agreement, have already beenperformed. Theparties havedissolved their maniage by way of a mutual consent. There is a minor, child whose custody has beenagreed to remain with the wife. Theparties contend thatthey do not wish to press charges against each other and In view of the settlement, do not wishto prosecute criminal proceedings.

3. In view of the fact that the parties have settled their disputes which emanated out of a matrimonial discord and the. fact that the petitioner No.l, in the respective petitions, have already dissolved their marriage by.way of decree of divorce by mutualconsent, which was granted on 11.03.2015, no fruitful, purpose would be served In CRL.M.C. 89/2018 &, pagez CRL.M.C. 104/2018 ~ • f- 0' continuing with,the criminal proceedings as there is a slirni" likelihood of conviction. Further, in view.of the fact that the parties h'ave settled "their disputes with regard to.the Cross FIRs registered against eachother,.it would also be expedient and iri the interest ofjustice, that the FIR No. 11/2013 under Section 498A/406/34 IPG, Police. Station Anand., Vihar, and the FIR No.20/2013 under Section • 452/327/506/379/34 •IPG,. Police Station Krishna Nagar and the • consequent proceedings arising the:refrom are,quashed.,4. In yiew/of the above, the FIR No.l 1/2013_under Section 498A/406/34. IPG, Police Statiori Ariand Vihar and the FIR. No.20/2013, under Section:452/327/506/379/34 IPG, Pohce. Station Krishna Nagar and the consequent;proceedings, emanating there from are quashed. ~ -5. Order under the signatures ofthe Court Master. ^ -' • •' I J r ^SANJipV'SACHDEVA, J • JANUARY 12, 2018 • • st - •• _ I