Ashish Gupta v. State Govt Of NCT Of Delhi & ORS

l $-18, 19, 22&23 *

IN THE fflGH

COURT OF DELHI AT NEW DELHI + CRL.M.C. 5064/2017 & Crl. M.A. 19965/2017 ASHISH GUPTA & ANR.

Petitioners Through:

Mr. Neeraj Bhardwaj and Ms. Pooja Bhardwaj, Advs. with petitioners in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR Respondents Through:

Ms. Anita Abraham, Addl. PP for the State with SI Sandeep Shrivastava Mr. Prashan Sharma, Adv. for R-2 with R-2 in person.

+ CRL.M.C. 5304/2017 & Crl. M.A. 20805/2017 ASfflSH GUPTA Petitioner Through:

Mr. Neeraj Bhardwaj and Ms. Pooja Bhardwaj, Advs. with petitioners in person.

versus STATE(GOVT OF NCT OF DELHI) & ANR Respondents Through:

Mr. Mukesh Kumar, Addl. PP for the State with SI Rahul Malar Mr. Prashan Sharma, Adv. for R-2 with R-2 in person.

+ CRL.M.C. 708/2018 & Crl. M.A. 2532/2018 ASHISH GUPTA Petitioner Through:

Mr. Neeraj Bhardwaj and Ms. Pooja Bhardwaj, Advs. with petitioners in person.

Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

---------------- CRL.M.C.5064/2017.CRL.M.C.5304/2017.Crl. M.C.708/2018and Crl. M.C.743/2018

versus STATE GOVT OF NCT OF DELHI & ORS Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with ASI Nasir Abbas Mr. Prashan Sharma, Adv. for R-2 with R-2 in person.

+ CRL.M.C. 743/2018 & Crl. M.A. 2680/2018 ASHISH GUPTA Petitioner Through:

Mr. Neeraj Bhardwaj and Ms. Pooja Bhardwaj, Advs. with petitioners in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR Respondents Through:

Mr. Arun Kr. Sharma, Addl. PP for the State with ASI Nasir Abbas Mr. Prashan Sharma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

ORDER

% 08.03.2018 Crl. M.A. 2533/2018 (Exemption) in Crl. M.C. 708/2018 and Crl.

M.A. 2681/2018 (Exemption) in Crl. M.C. 743/2018 Allowed, subject to all just exceptions.

CRL.M.C.

5064/2017, CRL.M.C.

5304/2017, Crl. M.C. 708/2018 and Crl. M.C. 743/2018 1.

The petitioners, in CRL.M.C. 5064/2017 seek quashing of FIR No. under Sections 323/341/354/34 of the IPG Police Ashok Vihar, New Delhi;

petitioner in CRL.M.C.

5304/2017 seeks quashing of FIR No. 128 of 2013 under Sections 509/354-D of the IPG CRL.M.C.5064/2017.CRL.M.C.5304/2017. Crl. M.C.708/2018and Crl. M.C.743/2018

Police Gandhi Nagar, New Delhi; petitioner, in CRL.M.C.

708/2018 seeks quashing of FIR No. 1352 of 2015 under Sections 509/506 of the IPC Police Madhu Vihar, New DeUii and Petitioner in CRL.M.C. 743/2018 seeks quashing of FIR No. 779 of 2013 under Section 506 of the IPC Police Station Madhu Vihar, New Delhi, based on a settlement. It is contended that the subject FIRs were lodged consequent to a matrimonial discord.

2.

Learned counsels for the parties submit that the parties have settled their disputes and have amicably dissolved their marriage by mutual consent and decree of divorce dated 26.07.2017 has been passed. A total sum of Rs. 6 lakhs had been agreed to be paid to respondent no. 2. A sum of Rs. 3.50 lakhs has already been paid and the balance sum of Rs. 2,50,000/- has been paid to respondent no. 2 - Sona Gupta, by way of Banker's Cheque 633021 dated 06.03.2018 issued by State Bank of India, today in the Court.

3.

Respondent no. 2- Sona Gupta in Crl. M.C. 5064/2017, Respondent no. 2-Mona Jain in Crl. M.C. 5304/2017, Respondent no. 2-Rekha Jain in Crl. M.C. 708/2018 and Respondent no. 2-Shalu Jain in Crl. M.C. 743/2018 are present in court in person, represented by then* counsel and are identified by the Investigating Officers. They submit that they have settled the disputes with the petitioners and are agreeable to the settlement and do not wish to press criminal charges against the petitioners any fiirther. It is further submitted on behalf of the parties that the settlement agreement has been recorded in order dated 18.10.2016.

4.

In view of the fact that the disputes between the petitioners and respondents have been settled, continuation of criminal proceedings will be CRL.M.C.5064/2017.CRL.M.C.5304/2017.Crl. M.C.708/2018and Crl. M.C.743/2018

T an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimateguidingfactor. It would also be expedientto quash the subject FIRs and the consequent proceedings emanating therefrom.

5.

In view of the above, the petitions are allowed, (i) FIR No. 153 of under Sections 323/341/354/34 of the IPG Police Ashok Vihar, New Delhi; (ii) FIR No. 128 of 2013 under Sections 509/354-D of the IPG Police Station Gandhi Nagar, New Delhi; (iii) FIR No. 1352 of 2015 under Sections 509/506 of the IPG Police Station Madhu Vihar, New Delhi and (iv) FIR No. 779 of 2013 under Section 506 of the IPG Police Station Madhu Vihar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed. 6.

Order Dasti under signatures of the Gourt Master. j SANjnfiSlVSACHDEVA, J MARCH 08, 2018 CRL.M.C.5064/2017.CRL.M.C.5304/2017. Crl. M.C.708/2018and Crl. M.C. 743/2018