Chetan Issar v. Govt of NCT Delhi & Anr

ORDER V %

17.11.2011

¶1These petitions for quashing of FIR No.09/2008, u/s 498A/406 IPC, registered by PS Karol Bagh in respect of which trial is pending in the Court of Ms.Kiran Gupta, learned MM, Tis Hazari Courts, Delhi. CrI.M.C.No.435/2011 has been filed by the husband while as CrI.M.C.No.1227/2011 has been filed by four petitioners related to the husband of Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. the complainant. All the petitioners in both the petitions present except petitioner Mr.Ajay Veer Singh Dalai, who happens to be the brother-in-law of the husband of the complainant. It has been orally prayed by the learned counsel for the petitioners that affidavit of Mr.Ajay Veer Singh Dalai is on record, however, he could not be present as he is working in BSF and is presently posted in North Easten State. It has been urged that he may be exempted from personal appearance for today. There is no opposition to the request of the learned counsel for the petitioners, accordingly presence of Mr.Ajay Veer Singh Dalai is exempted. So far as remaining petitioners concerned, they have been identified and their affidavits in support of the petitions are on record. Learned counsel for the petitioners has stated that the petitioner, Mr.Chetan Issar in CrI.M.C.No.435/2011 has arrived at a settlement with the respondent No.2/complainant Divya Vashisth in pursuance to which the parties have been / divorced by a competent Court on the basis of mutual consent on 06.04.2009. The learned counsel for the petitioners has also stated that a sum of Rs.3.75 lacs has been paid by the petitioner, Chetan Issar to the respondent No.2/complainant towards her maintenance, permanent alimony and all other claims. It is, therefore, prayed that in view of the aforesaid settlement the FIR and the consequent proceedings pending before the learned MM may be quashed. Respondent No.2 is present along with her counsel. She has been identified by her counsel. She has also filed her affidavit supporting averments made by the learned counsel for the petitioners that she has been divorced from her husband by a competent Court of law and that she has received a total sum of Rs.3.75 lacs towards full and final settlement of her entire claim. She has also stated that she has no objection to the quashing of FIR. The learned APP for the state also does not have any objection.

¶2Having regard to the aforesaid facts that parties have been divorced by a competent Court, no useful purpose would be served by keeping aforesaid FIR and consequent proceedings pending. Accordingly, FIR No.09/2008, u/s 498A/406 IPC, registered by PS Karol Bagh and consequent proceedings which pending in the Court of Ms.Kiran Gupta, MM, Tis Hazari Courts, Delhi stands quashed.

¶3Petitions stand disposed of. ^ V.K. SHALI, J NOVEMBER 17, 2011/mr

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 435/2011 CHETAN ISSAR Petitioner Througin: I^Ir.Neeraj Dutt, Gaur, Advocate. versus GOVT OF NCT DELHI & ANR Respondent Tlirough: Ms.Ritu Gauba, APP l^r.Neeraj Sharma, Advocate for the complainant. + CRL.M.C. 1227/2011 SHUSHIL KUiviR ISSAR & ORS Petitioners Through: Mr.Neeraj Dutt, Gaur, Advocate. versus GOVT OF NCT DELHI & ANR Respondent Through: l^s.Ritu Gauba, APP Mr.Neeraj Sharma, Advocate for the complainant. CORAM: HON'BLE MR. JUSTICE V.K. SHALI