High Court of DelhiW.P.(CRL)/676/2019

Harmandeep Singh Kalsi & ORS. v. State & ANR.

2019-03-06Hon'Ble Mr. Justice Najmi Waziri2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 676/2019 & Crl. M.A. No.4805/2019 HARMANDEEP SINGH KALSI & ORS.

.....Petitioners Through:

Mr. Jaspreet Singh, Advocate with Petitioners in person.

Versus

STATE & ANR.

..... Respondents Through:

Mr. Rajat Katyal, APP with SI Jaibir Singh, P.S. Geeta Colony.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 06.03.2019 Crl. M.A.No.4805/2019 (for exemption) Allowed, subject to all just exceptions.

The application stands disposed-off.

W.P.(CRL) No.676/2019 This petition seeks quashing of FIR No. 206/2016 registered on the complaint of complainant/R-2 under sections 498-A/406/34 IPC at Police Station Geeta Colony, Delhi, apropos matrimonial discord and other incidents of aggression on her by petitioner No. 1 and his relatives. Ties of matrimony between the complainant and petitioner no. 1 have since been brought to an end by way of a Divorce Decree dated 11.01.2019. The parties have settled the lis and their differences amicably by way of a Settlement/Agreement dated 21.07.2018, whereunder the complainant was to be paid a total sum of Rs. 25 lacs, of which only Rs. 8 lac remains to be paid to her. It has been so paid to her in Court today through her counsel by

way of a Demand Draft bearing No. 542366, dated 05.01.2019 drawn on ICICI Bank, Connaught Place, New Delhi.

The parties are present in the Court and have been identified by their respective counsel. The learned counsel for the complainant submits upon instructions that the complainant does not wish to pursue her complaint any further and rather would like to put her unfortunate past behind her and look for happier times in life.

Since the complainant herself does not wish to pursue her complaint against the petitioners, the substratum of the FIR dissipates and proceedings apropos the same would be an exercise in futility. Following the dicta of the Supreme Court in Gian Singh Vs. State of Punjab and Another (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466 and Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, a case is made out for quashing of the FIR.

In view of the above, the aforesaid FIR and all the proceedings emanating therefrom are hereby quashed.

The petition stands disposed-off in the above terms. NAJMI WAZIRI, J.

MARCH 06, 2019 sb