Provide Organic Fungicide For Plants To Five Police Stations Under Green Cover Project: Delhi HC Quashes Section 498A Case Against Husband
The Delhi High Court directed the Petitioner/Husband to provide Organic Fungicide for Plants To Five Police Stations Under the Green Cover Project to quash an FIR filed under Section 498A of the Indian Penal Code(IPC).
The Court allowed the Petition and reiterated that since the parties settled the disputes, continuing the FIR would be an exercise in futility.
Justice Saurabh Banerjee observed, “Accordingly, the petition is allowed and FIR No.0239/2019, dated 30.07.2019, u/S 498-A/406/34 I.P.C., P.S. Keshav Puram, New Delhi and all proceeding emanating therefrom are quashed, subject to the petitioner no.1 willingly providing 500 ml of “Organic Fungicide for Plants” to each of the five Police Stations namely PS: Ashok Vihar, PS: Keshav Puram, PS: Shalimar Bagh, PS: Bharat Nagar, PS: Mahendra Park, North-West Distt. within a period of two weeks”.
“In view of the fact that the settlement has been arrived at between the parties, and as Respondent no.2 does not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes and following the law laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility”, the Court noted.
Advocate Mahesh Kumar Sharma appeared for the Petitioner, and Additional Standing Counsel Anand Khatri appeared for the Respondents.
The Petitioner approached the Court by way of a Writ Petition seeking to quash the FIR under Sections 498-A, 406, and 34 of the Indian Penal Code and all proceedings emanating therefrom in view of the Settlement between the parties.
The Court noted that Respondent no 2 confirmed that Petitioner no 1 and Respondent no 2 were granted a divorce by mutual consent, as per the Decree of Divorce. She also confirmed the Settlement, in which Petitioner no 1 agreed to pay a total of Rs.18,00,000/-, which was paid in full and final settlement of all her claims, including alimony, maintenance (present, past, and future), stridhan, etc. She further stated that she has no objection to the quashing of the present FIR.
Furthermore, the Court while relying on the Supreme Court Judgment in the cases of Gian Singh v State of Punjab & Anr. [(2012) 10 SCC 303] and Narinder Singh & Ors. v State of Punjab & Anr. [(2014) 6 SCC 466] held that continuing the aforesaid FIR will be an exercise in futility.
The Court appreciated the efforts of Petitioner no 1 in playing his role in spreading the green cover in the city of Delhi.
Accordingly, the Court allowed the Petition and quashed the impugned FIR.
Cause Title: Kartikya Swami & Ors v. State (NCT of Delhi)