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Amit Chawla vs The Govt. Of Nct Of Delhi & Anr. on 18 July, 2018

$~62 63
* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment delivered on: 18.07.2018
+ CRL.M.C. 3518/2018
AMIT CHAWLA ….. Petitioner
versus
THE GOVT. OF NCT OF DELHI ANR. ….. Respondents

+ CRL.M.C. 3522/2018
AMIT CHAWLA ORS. ….. Petitioners
versus
THE GOVT. OF NCT OF DELHI ANR. ….. Respondents
Advocates who appeared in this case:
For the Petitioner : Mr.Pratap Shankar, Mr. Sweetank Shantanu,
Mr.Sanjeev and Pushkar Karni Sinha, Advs for
petitioner.

For the Respondents: Mr.Sanjeev Sabharwal, Addl. PP for the State with
SI ASI Balwant, CWC/N.Pura.
Mr.Dilpreet Singh, Adv. for Respondent No. 2 with
respondent No.2 in person.

CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

18.07.2018

SANJEEV SACHDEVA, J. (ORAL)
Crl. M.A. 12802/2018 (exemption)
Crl. M.A. 12803/2018 (exemption)
Crl. M.A. 12825/2018 (exemption)
Crl. M.A. 12826/2018 (exemption)

CRL.M.C. 3518/2018 3522/2018 Page 1 of 4
Allowed, subject to all just exceptions.

CRL.M.C. 3518/2018 3522/2018

1. The petitioner in Crl.M.C.3518/2018 seek quashing of FIR No.
556 of 2018 under Sections 420/468/471 of the IPC at Police Station
Anand Vihar, New Delhi and petitioners in Crl.M.C.3522/2018 seek
quashing of FIR No. 78 of 2013 under Sections 498A/406/34 of the
IPC at Police Station Crime (Women) Cell, New Delhi, based on a
settlement. It is contended that the FIRs were lodged consequent to a
matrimonial discord.

2. Learned counsels for the parties submit that the parties have
settled their disputes and have amicably dissolved their marriage by
mutual consent and decree of divorce dated 23.01.2018 has been
passed. It is further submitted on behalf of the parties that parties had
entered into the settlement vide Deed of Settlement dated 23.10.2016.

3. As per the settlement, a total sum of Rs. 6,00,000/- was agreed
to be paid to respondent no. 2. The amount of Rs. 4,50,000/- has
already been paid to respondent no. 2. The balance amount of
Rs.1,50,000/- has been paid by way of Bankers Cheque No.008749
dated 12.07.2018 drawn on HFDC Bank.

4. Learned counsel for the parties inform that the other disputes
between the parties have also been resolved and proceedings have
been concluded on the basis of the subject Deed of Settlement.

CRL.M.C. 3518/2018 3522/2018 Page 2 of 4

5. Learned counsel for the Respondent submits that there is an
account in joint name in HDFC Bank, Vivek Vihar branch which is a
disputed account as it is contended that the petitioner opened the same
unilaterally. It is disputed by the petitioner that it was opened
unilaterally.

6. Without prejudice, however, the parties submit that the said
account will be closed and the petitioner shall take all necessary steps
with the bank for the closure of the said account.

7. The petitioner undertakes to take all necessary steps for the
closure of the said account shall be taken within a period of one week
from today and on closure of the same intimate the respondent No. 2.

8. Respondent No.2 gives her no objection to the closure of the
said bank account in HDFC Bank, Vivek Vihar Branch.

9. Respondent no. 2 who is present in court in person, represented
by counsel and identified by the IO, submits that she has settled the
dispute with the petitioners and is agreeable to the settlement and does
not wish to press the criminal charges against the petitioners any
further.

10. In view of the fact that the disputes between the petitioners and
respondent no. 2 emanate out of a matrimonial discord and have been
settled, continuation of criminal proceedings will be an exercise in
futility and justice in the case demands that the dispute between the

CRL.M.C. 3518/2018 3522/2018 Page 3 of 4
parties is put to an end and peace is restored; securing the ends of
justice being the ultimate guiding factor. It would be expedient to
quash the subject FIR and the consequent proceedings emanating
there from.

11. In view of the above, the petitions are allowed. FIR No. 556 of
2018 under Sections 420/468/471 of the IPC at Police Station Anand
Vihar, New Delhi and FIR No. 78 of 2013 under Sections
498A/406/34 of the IPC at Police Station Crime (Women) Cell, New
Delhi, and the consequent proceedings emanating there from are,
accordingly quashed.

12. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J
JULY 18, 2018
rk

CRL.M.C. 3518/2018 3522/2018 Page 4 of 4

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