Ganesh @ Rohan Chawla & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. 952/2015 + GANESH @ ROHAN CHAWLA & QRS Petitioners Through Ms.Renu & Mr.Rajesh Kohli, Advs.

versus STATE & ANR Respondents Through Mr.Satish Verma, AFP for the State along with SI Sahdev Tomar, PS Kalkaji, in person.

Mr.Rahul Sharma, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

10.03.2015 The present petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of FIRNo.495/2013, under Sections 498-A/406/34 IPG, registered at P.S. Kalkaji, Delhi on the complaint of respondent No.2. Brief facts of the case are that respondent No.2 got married with petitioner No. Ion 14'^ December, 2006 according to Hindu rites and ceremonies. One male child, namely, Ishaant @ Ishit was bom out of this wedlock. Due to temperamental differences, they are living separately from each other since March, 2013. In the meanwhile, on the basis of the complaint made by respondent No.2, the aforesaid FIR was registered against the petitioners on li'' March, 2013. During the pendency of the proceedtngs, the petitioner No.I and respondent No.2 have settled their By:AMULYA

disputes amicably. The said settlement was arrived at between them before the Delhi Mediation Centre, Saket Courts, New Delhi on 3'^'' April, 2014. The said settlement has been acted upon between the parties. They have also obtained divorce decree by mutual consent on the basis of the settlement. Copies of the judgment and decree dated 3'^'^ November, 2014 are placed on the record.

All the petitioners as well as respondent No.2 are present in Court who are duly identified by their respective counsel. Identification proofs have been filed by the parties along with the petition. Respondent No.2/complainant has confirmed the settlement as well as receiving of the entire amount from petitioner No.l in terms thereof. She has no objection if the prayer made in the petition is allowed. She has also filed her affidavit in this regard which is placed on the record.

In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.495/2013, under Sections 498A/406/34 IPC, registered at P.S. Kalkaji, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners. The petition is accordingly disposed of.

MANMOHAN SINGHrJ.

MARCH 10, 2015/ka ~ h'ziJ-' C-) /' P ■' fir

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 952/2015 GANESH @ ROHAN CHAWLA & ORS Petitioners Through Mr.Navdeep Kumar, Adv. with Ms.Aruna, Adv.

versus STATE & ANR Respondent Through Mr.Satish Verma, APP for the State.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

ORDER

29.05.2015 CrI. M.A. No.8106/2015 Exemption allowed, subject to just exceptions. The application is disposed of.

Crl. M.A. No.8105/2015 The present application has been filed by the petitioner under Section 482 Cr.P.C. for modification of the order dated 10^^ March, 2015 whereby FIR No.495/2013 under Sections 498-A/406/34 IPG, Police Station Kalkaji, Delhi and proceedings pursuant thereto were quashed. It is stated in the application that inadvertently the FIR number has mentioned as FIR No.495/2013 instead of FIRNo.95/2013.

For the reasons stated in the application, the order dated March, 2015 is modified to the extent that FIR No.495/2013 mentioned in the said order be read as FIR No.95/2013.

The application is disposed of. Dasti.

OHAN SINGH, J/ MAY 29, 2015/jk