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High Court of DelhiCRL.M.C./5389/2024

Balvinder Singh & ORS. v. The State (Govt Of NCT Of Delhi) & ANR.

2024-07-18Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5389/2024, CRL.M.A. 20638/2024 BALVINDER SINGH & ORS.

.....Petitioners Through:

Mr. R.P.S Bhatti and Ms. Rubeena Khan, Advocates.

versus THE STATE (GOVT OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP for State with SI Shankar P.S. Swaroop Nagar.

Ms. Shifa Khan, Kulsoom Kamal and Ms. Shivani, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.07.2024 CRL.M.A. 20637/2024 (Seeking Exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CRL.M.C. 5389/2024 3.

A Petition under Section 482 Cr.P.C has been filed for quashing of FIR No.260/2017 under Sections 498A/406/34 IPC registered at P.S Swaroop Nagar, Delhi, on the basis of Compromise Deed dated 13.09.2023 which is duly signed by the petitioners as well as the respondents. The parties are present in the Court and have endorsed the Settlement. The respondent No.2 submits that though she got married to the petitioner No.1 Balvinder Singh in the year 2014 and has two children, but they had The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:55:12

acrimonious relationship since beginning.

4.

The parties had got separated, but with the intervention of the Mediation Centre, Rohini, the parties had made another attempt to live together in the year 2019. She tried her level best for about two years to live in the matrimonial home, but things did not normalized and she has been living separately from her husband since last two years along with the two children. She has further stated that even though once in a while petitioner No.1 comes to visit her at her place, but he has an habit of drinking alcohol and creates disharmony in the house. She further submits that since she is living separately from the last two years from the petitioner, she has no concern with the other family members and is not in a position to reside together with petitioner or his family members. 5.

The parties endorsed that they have arrived at a Settlement voluntarily without any fear, coercion or pressure. The petitioner No.1 had further undertaken to continue to pay Rs.15,000/- per month to the petitioner for herself and the two children. The parties agreed that this Order of maintenance may be treated as one under the Protection of Women against Domestic Violence Act and in case of any violation of this Order, the respondent shall be at liberty to seek its execution before the appropriate Forum.

6.

Considering the submissions made and the terms of the Settlement, the FIR along with consequential proceedings is hereby quashed. 7.

The petition is accordingly disposed of.

NEENA BANSAL KRISHNA, J JULY 18, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:55:12