Delhi High Court
Anurag Gupta & Ors vs State (Govt Of Nct Of Delhi) & Anr on 12 December, 2019
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.12.2019
+ CRL.M.C. 2411/2017
ANURAG GUPTA & ORS ..... Petitioners
Through Mr.Aditya Sharda, Adv. with
petitioner in person.
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through Mr. Izhar Ahmed, APP for State.
Insp.J.K. Singh, Addl.SHO/Gulabi
Bagh.
ASI Brijeshwar Dayal CAW Cell/
East Distt.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
Crl.M.A. 49767/2018
1. It is stated in the present application that counsel for the petitioners
could not appear before this court due to sudden demise of his close relative
(Sister-in-law) in the morning of 14.11.2018 and being under shock and
becoming busy in connection with last rites of the departed soul, counsel
could not even manage to inform any of his colleagues or even the
petitioners about the case.
2. On the previous date i.e. 25.07.2018 the petitioner no.1 was not in
India and after coming back, the counsel of the petitioners could not
communicate about the next date i.e. 14.11.2018 as he was unaware about
the said date and therefore, even he could not appear before this Court, thus,
the petition was dismissed in default.
3. Counsel appearing on behalf of the applicant/petitioner submits that
non-appearance of the petitioners on 14.11.2018 was neither intentional nor
wilful but only due to the reasons mentioned above.
4. In addition to above, the main petition was filed for quashing of FIR
and emanating proceedings thereto on the settlement arrived at between the
parties vide Settlement Agreement dated 01.10.2016. The mother of the
complainant, who is attorney, filed an affidavit whereby stated that she has
no objection if the FIR and emanating proceedings thereto are quashed
against the petitioners.
5. In view of above, I hereby recall the order dated 14.11.2018 and
consequently, the petition is restored to its original number.
6. The application is allowed and disposed of.
Crl.M.C.2411/2017
7. Vide the present petition, the petitioners seek quashing of FIR
No.336/2012 dated 13.09.2012 registered at Police Station Krishna Nagar
and consequent proceedings arising therefrom.
8. Notice issued.
9. Notice is accepted by learned APP for the State and with the consent
of the counsel for the parties, the present petition is taken up for final
disposal.
10. The petitioner no.1 and respondent no.2 got married on 05.11.2019 as
per Hindu rites and rituals at Taj-E-Mayur, Kawatra Tents, Lawn B opposite
Shivaji College, Raja Garden, New Delhi. One child was born out of the
wedlock namely Mysha, (aged about 4 ½ years) and she is under the custody
of respondent no.2. Due to irreconcilable temperamental and different
outlooks towards their life and life styles and cruelties meted out towards the
petitioner and his family members by the respondent no. 2 disputes arose
between petitioner no. 1 and respondent no. 2 which resulted into
proceedings/ litigation between parties.
11. The present petition has been filed on the ground that the issue
between the petitioners and respondent no.2 have been amicably settled.
Since respondent no.2 is settled in Canada, therefore, her mother is an
attorney who has filed an affidavit along with this petition whereby, Seema
Gupta, w/o Shri Anil Kumar Gupta, r/o D-1/14, 2nd Floor, Krishna Nagar,
Delhi-51, states that respondent no.2 has already settled her all disputes with
the petitioners before Delhi High Court Mediation and Conciliation Centre
(SAMADHAN) vide settlement dated 01.10.2016. There is no dues left
against the petitioners and respondent no.2 has no objection if the FIR
No.336/2012 registered at Police Station Krishna Nagar for the offences
punishable under sections 498-A/406/34 IPC and emanating proceedings
thereto from the said petition are quashed.
12. Since the matter has been settled long back and respondent no.2 is
settled in Canada and an affidavit filed by her mother Seema Gupta, this
Court is inclined to quash the FIR as no useful purpose would be served in
prosecuting the petitioners any further.
13. For the reasons afore-recorded, the FIR No.336/2012 dated
13.09.2012 registered at Police Station Krishna Nagar and consequent
proceedings therefrom are quashed.
14. The petition is allowed and disposed of accordingly.
15. Order Dasti.
(SURESH KUMAR KAIT)
JUDGE
DECEMBER 12, 2019
ab
