High Court of DelhiW.P.(CRL)/314/2018

Guravinder Singh & ORS v. The State (Gnct Of Delhi)& ANR

2018-01-31Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 314/2018 GURAVINDER SINGH & ORS ..... Petitioners Through Mr.Manish Srivastava, Adv.

versus THE STATE (GNCT OF DELHI)& ANR ..... Respondents Through Mr. Rajesh Mahajan, ASC for the State along with SI Gaurav.

R-2 with her counsel Mr. Sanjay Padam Jain, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 31.01.2018 Parties have arrived at a settlement. The petitioners seek quashing of the present FIR No.31/2016 registered under Sections 491-A/406/34 of the IPC at Police Station Rani Bagh on the complaint of respondent No. 2. Respondent No. 2 is present in Court. Her presence has been identified by the Investigating Officer. Petitioner No.1 and respondent No. 2 had been married as per Hindu rites on 04.09.2011; they have since been divorced by a decree of divorce by mutual consent dated 04.12.2017. One male child was born out of their wedlock who is presently in the custody of respondent No.2. In terms of the settlement, petitioner No. 1 has agreed to pay a total sum of Rs.24 lacs to respondent No.2 of which Rs.16 lacs already stands paid and balance sum of Rs.8 lacs has been

paid today by petitioner No. 1 to respondent No.2 by way of demand draft. Parties pray that the present proceedings be quashed as no useful purpose would be served in continuing with this FIR. Learned counsel for the State points out that apart from petitioners No. 1 to 3, there is one more accused in the present FIR i.e. the mother-in-law of respondent No.2 who has not been arrayed as a party. The allegations against the mother-in-law have been perused. She is stated to be senior citizen and presently a resident of Hyderabad. Respondent No.2 has no objection if the FIR is quashed as a whole against all the petitioners including her mother-in-law as a wholesome settlement had been arrived at inter-se the parties.

Noting the above facts and keeping in view the fact that this is essentially a matrimonial dispute which has arisen between the parties, to secure the ends of justice, it would be an exercise in futility in continuing with the present proceedings. Accordingly, FIR No.31/2016 registered under Sections 491-A/406/34 of the IPC at Police Station Rani Bagh and all proceedings emanating thereto stand quashed.

Petition disposed of.

INDERMEET KAUR, J JANUARY 31, 2018