Delhi High Court
Sunil Rohilla & Ors vs State (Govt Of Nct Of Delhi) on 14 October, 2015
Author: Siddharth Mridul
#9
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.10.2015
W.P.(CRL) 2220/2015
SUNIL ROHILLA & ORS ..... Petitioners
Through: Mr. V.S. Yadav, Advocate
versus
STATE (GOVT OF NCT OF DELHI) ..... Respondent
Through: Ms. Parul Jamwal, Advocate for Mr.
Rajesh Mahajan, ASC (Criminal) for
R-1
Mr. Devender Singh, Advocate for the
complainant along with the
complainant for R-2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.14641/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2220/2015
1. The present is a petition under article 226 of the Constitution of India
read with section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
praying for quashing of FIR No.155/2014, under sections 498A/406/34 IPC,
registered at Police Station- Saket, New Delhi and the proceedings arising
therefrom.
2. The subject FIR was registered at the instance of respondent No.2
(wife) against petitioner No.1 herein (husband) and his family members.
3. Counsel appearing on behalf of the parties state that they have now
arrived at an amicable resolution of all their outstanding disputes with the
assistance of Mediation Centre, Saket Courts, New Delhi. The terms and
conditions of the aforesaid settlement are annexed as Annexure P-2 to the
present petition. In addition to the said terms and conditions an affidavit-
cum-undertaking has been filed on behalf of petitioner No.1 to the effect that
baby Alisha, who was born from the union between the complainant (wife)
and the petitioner No.1 (husband), is his daughter and shall be entitled to a
share in all his properties, both immovable and movable.
4. The agreement entered into between the parties is lawful. The same is
accepted. The affidavit-cum-undertaking filed on behalf of the petitioner
No.1, as aforesaid, is also accepted. The parties shall now abide by the
terms and conditions of the agreement without demur.
5. The respondent No.2 (wife) who is present in person and has been
identified by the IO SI Nitesh Sharma, Police Station- Saket states that in
view of the afore-stated statement and affidavit-cum-undertaking filed on
behalf of the petitioner No.1 (husband) she is no longer keen to proceed with
the subject FIR and the proceedings arising therefrom.
6. Since the dispute which arose out of a marital dispute has been
resolved amicably by and between the parties without any undue influence,
pressure or coercion, no useful purpose will be served by proceeding with
the subject FIR and the proceedings arising therefrom.
7. Consequently, FIR No.155/2014, under sections 498A/406/34 IPC,
registered at Police Station- Saket, New Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their depositing a sum of Rs.5,000/- (Rupees Five Thousand) each with the
Victims Compensation Fund, Government of NCT of Delhi within a period
of two weeks from today. The receipt of the said deposit shall be furnished to
the concerned IO.
8. The writ petition is disposed of accordingly.
9. Dasti.
SIDDHARTH MRIDUL, J
OCTOBER 14, 2015
dn
