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High Court of DelhiW.P.(CRL)/3306/2016

D S Chauhan v. Govt Of NCT Of Delhi & ANR

2019-08-09Cases Pertaining To Spl.Division Benches3 pages

$--SB-3 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL. M. C. 771/2018 & Crl. M. A. No. 2815/2018 & Crl. M.A.

2816/2018 KUNAL CHAUHAN AND ORS.

Petitioners Through:

Mr. Vishal Gosai and Mr. Harsh Bora, Advocates versus THE STATE GOVT. OF NOT OF DELHI & ANR. ...Respondents. Through:

Mr. Tanuj Bhaadan, Advocate for Mr.

Avi Singh, ASC for the State along with SI Dharamvir Singh, P.S.

N anakpura(CWC).

Mr. Kailash Vasdev, Senior Advocate with Mr.Siddharth Joshi, Mr.Shailendra Swamp, Ms.Aparajita Swamp and Mr.Arjun D.Singh, Advocates for respondent no.2.

Mr. Jasmeet Singh, CGSC with Mr.

Srivats Kaushal, Advocate for UOI.

+ W.P.(CRL) 3306/2016 & Crl. M.A. 17886/2016 & Crl. M.A. 1856/2018 D S CHAUHAN Petitioner Through:

Mr. Kailash Vasdev, Senior Advocate with Mr.Siddharth Joshi, Mr.Shailendra Swamp, Ms.Aparajita Swamp and Mr.Arjun D.Singh, Advocates versus GOVT OF NOT OF DELHI & ANR.

Respondents Through:

Mr. Tanuj Bhaadan, Advocate for Mr.

n Avi Singh, ASC for the State along with SI Dharamvir Singh, P.S.

Nanakpura(CWC).

Inspector Rajeev Kumar, Distt. Cyber Cell, South East Distt and SI Sandeep Pawar.

Mr. Vishal Gosai and Mr. Harsh Bora, Advocates for respondent no.2.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL 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.

ORDER

% 09.08.2019 By these petitions filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), the parties seek quashing of FIR No. 180/2013, P.S. Nanakpura, Delhi registered under Sections 498A/406/34 IPC and FIR No.38/2015, P.S. Chitranjan Park, Delhi registered under Section 66-A of Information Technology Act and consequential proceedings arising therefrom pending before the MM, Mahila Court,Dwarka Courts, Delhi on the ground of settlement arrived at between the parties.

Learned counsels for the parties submits that the parties have arrived at an amicable settlement before this Court in LPA.No.274/2016 titled Devika Singh V. Kunal Chauhan & Anr, It is further pointed out that one of the terms of the settlements in LPA.No.274/2016 was for quashing of the present FIRs. in Crl.M.C.771/2018 and W.P.(Crl).3306/2016.

Parties are present in Court, They are identified by the 10 and their respective counsels. Counsel for the complainant submits that the complainant Ms. Devika Singh has no objection if the present FIRs and the consequential proceedings arising therefrom are quashed. The complainant, who is present in Court, submits that she has received balance amount in the sum of Rs.2.50,000/- by way of bank draft bearing no.506433 dated 08.08.2019 drawn on ICICI Bank in full and final settlement. She submits that quashing of present FIRs was part of the settlement in LPA.No.274/2016 titled Devika Singh v. Kunal Chauhan & Anr. She submits that she has no objection if the present FIRs and the consequential proceedings arising therefrom are quashed. Since the subject matter of the present FIRs is essentially matrimonial, which now stands mutually and amicably settled between parties, therefore, continuance of proceedings arising out of the present FIRs in question would be an exercise in futility.

"Ml In view of the settlement arrived at between the parties, the petitions are allowed. Accordingly, FIR No.180/2013, P.S. Nanakpura, Delhi registered under Sections 498A/406/34 IPG and FIR No.38/2015, P.S. Chitranjan Park, Delhi registered under Section 66-A of Information Technology Act and the consequential proceedings emanating therefrom pending before the MM, Mahila Court, Dwarka Courts, Delhi stand quashed.

The petitions stand disposed of.

CrI, M, A, No. 2815/2018 & CrI, M.A. 2816/2018 in CRL. M. C. 771/2018 Crl, M.A. 17886/2016 & CrI. M.A. 1856/2018 in W,P.(CRL) 3306/2016 The applications stand disposed of in view of the orders passed in the petitions, G.S.SISTANI, J SANGIT^iaElHINSftA SEHGAL, J AUGUST 09,2019 pst Cr/.A/.C 771/20J8 & W.P.(Cri) 3306/2016 3/3