High Court of DelhiCRL.M.C./1457/2017

Chanchal @ Neeru Bhatia v. State Of Delhi & ANR.

2017-05-16Hon'Ble Mr. Justice A. K. Chawla2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1457/2017 CHANCHAL @ NEERU BHATIA ..... Petitioner Through Ms. Jyoti Sharma, Advocate versus STATE OF DELHI & ANR.

..... Respondents Through Mr. Amit Ahlawat, Addl.PP for State with SI K.P.Singh, P.S.North, Rohini Respondent no.2 in person with Mr. Sharad K. Aggarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 16.05.2017 Amended memo of parties is filed. Both the petitioners and respondent No.2 as per the amended memo of parties, are present before the Court and duly identified by the I.O. In connected Crl.M.C.No. 1666/2017 titled Vinay Bhatia and Ors. vs. State and Anr, FIR No. 369/2012 under Section 498A/406/34 IPC P.S.Rohini, has come to be quashed today. The instant petition relates to the offence, which proceeds on the allegations that the petitioners barged into the house of the complainant - respondent No.2, who is the mother-in-law of the petitioner No.1, and committed the offences under Section 448/380 IPC.

Both the petitioners submit that they have yet to receive the

copy of the challan. Though, as per the status report, challan has since been filed, Ld. counsel for the parties state that the matter has not, yet been taken up for consideration on charge. Learned APP has nothing to say to the contrary. It does not require any elaboration that the instant FIR has been filed by mother-in-law against the daughterin-law and her sister. As per the compromise/settlement arrived at, FIR No. 369/2012 under Section 498A/406/34 IPC P.S.Rohini, has been quashed. Alleged commission of offences under Section 448/380 IPC does have a bearing or related to FIR No.369/2012 under Section 498A/406/34 IPC, which has since been quashed, on the premise of the same compromise/settlement amongst the parties.

It is therefore, desirable the subject FIR be also quashed inasmuch as no fruitful purpose would be served in proceeding with the trial, which in all possibility would be futile. Consequently, FIR No. 346/2014 under Sections 448/380 IPC P.S.Rohini is quashed with all consequences emanating therefrom, including challan/charge sheet. The petition stands disposed of accordingly.

A.K.CHAWLA, J MAY 16, 2017 mw