Sh. Jaswinder Singh @Goldy And Others v. The State NCT Of Delhi And ANR

$~92 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5320/2024, CRL.M.A. 20331/2024 SH. JASWINDER SINGH @GOLDY AND OTHERS .....Petitioners Through:

Mr.Mankandeep Singh, Ms.Lovee Tyagi and Mr.Nikhil Batra, Advs.

with petitioners in person.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for State SI Charan Singh, PS Tilak Nagar Mr.Rishabh Chawla, Adv. for complainant with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 15.07.2024 1.

The present petition has been filed seeking quashing of FIR No. 186/2021 dated 19th March, 2021, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC) registered at Police Station Tilak Nagar, Delhi on the ground of settlement.

2.

Petitioner no.1 is the husband of the complainant/respondent no.2. The petitioners no.2 and 3 are the brothers of the petitioner no.1. The mother of the petitioners, Ms. Paramjeet Kaur, who was named in the FIR has since expired. The death certificate has been placed on record as Annexure P-3. The marriage took place between petitioner no.1 and respondent no.2 on 19th November, 2017 as per Sikh rites and ceremonies. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Matrimonial disputes arose between the parties which resulted in filing of the present FIR by the respondent no.2 against the petitioners. 4.

Now the parties have settled all their disputes in terms of the settlement deed dated 3rd October, 2023 which has been filed as Annexure P-5 to the petition.

5.

Issue notice.

6.

Notice is accepted.

7.

In terms of the settlement a total sum of Rs.7 lakhs is to be paid by the petitioner to the respondent no.2, out of which Rs.5 lakhs has already been paid. Further, a decree of divorce by mutual consent has also been granted. The remaining balance has been paid by way of a demand draft. 8.

Respondent no.2 is present in court and has been identified by the Investigating Officer (IO). She has informed the court that she settled the matter of her own free will and without any coercion. She further states that she has no objection to the quashing of the FIR. 9.

The petitioners are also present in Court and have been identified by their counsel. They affirm the statement of the respondent no.2 and undertake to abide by the terms of settlement arrived at between the parties. 10.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use of continuing with the present proceedings as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Hence, it would be in the interest of justice to quash the aforementioned FIR and all the proceedings pursuant thereto.

11.

Consequently FIR No.186/2021 registered at Police Station Tilak Nagar, Delhi and all the other proceedings arising therefrom are quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

The petition and the pending applications stand disposed of. AMIT BANSAL, J JULY 15, 2024/rb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.