Sharad Chahal v. State NCT Of Delhi & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2940/2017 SHARAD CHAHAL ..... Petitioner Through:

Mr.S.K.Chaudhary, Advocate with petitioner in person versus STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, St.Counsel for the State with ASI Kamal PS Dabri Respondent No.2/complainant in person

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 14.11.2017 1.

By way of this writ petition, petitioner is seeking quashing of case FIR No.362/2016 under Sections 323/341/427/506 IPC registered at PS Dabri and the proceedings emanating therefrom on the basis of settlement. 2.

Brief facts leading to filing of this petition are that marriage between petitioner and respondent No.2/complainant was solemnized on 27th April, 2015 at Delhi according to Hindu rites and ceremonies. On 8th April, 2016 a quarrel has taken place between the petitioner and respondent No.2 on some petty issues due to which respondent No.2 lodged the FIR bearing No.362/16, under Sections 323/341/427/506 IPC, P.S. Dabri, Delhi against the petitioner.

3.

It is also stated that on 13th April, 2016 due to the intervention of the respectable persons of the society and parents of both the parties, both the parties settled their disputes amicably. Copy of the aforesaid settlement W.P.(CRL) 2940/2017

arrived at between the parties is annexed as Annexure P-2 to the present petition.

4.

Learned counsel for the petitioner submits that the petitioner and the respondent No.2 have amicably resolved their dispute with the intervention of respectable persons of the society and their parents. He further submits that since the petitioner -husband and respondent No.2-wife have now once again started living together peacefully, no useful purpose would be served by continuance of criminal proceedings against the petitioner. Counsel thus prays for quashing of the FIR and all subsequent proceedings arising out of said FIR qua the petitioner.

5.

Respondent No.2 is present in Court today and she also confirms the factum of amicable settlement with the petitioner. She states that she is living with her husband happily for the last one year and her husband has not given her any chance of complaint. She further submits that she has no objection if the FIR in question and all subsequent proceedings arising out of the same are quashed.

6.

In view of the aforesaid amicable settlement arrived at between the parties, particularly the fact that the parties are living together happily, I am of the considered view that no useful purpose would be served by continuing with the FIR/ criminal proceedings against the petitioners, which will only be an exercise in futility and wastage of precious time of the Court. 7.

Accordingly, the petition is allowed and FIR No.362/2016 under Sections 323/341/427/506 IPC registered at PS Dabri and all the proceedings arising therefrom are hereby quashed, leaving the parties to bear their own costs.

PRATIBHA RANI, J.

NOVEMBER 14, 2017/'pg'

W.P.(CRL) 2940/2017