Gurpreet Singh Sachdeva v. Govt Of NCT Of Delhi & ANR

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1051/2017 GURPREET SINGH SACHDEVA ..... Petitioner Through:

Mr.Rajan Chaudhary, Adv. with Mr.Deepak Kapoor, Adv.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Des Raj, PS-Vikas Puri Ms.Himali Gandhi, proxy counsel for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 16.03.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.3/2013, under Sections 498-A/406/34 IPC, registered at Police StationVikas Puri, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioner submits that the petitioner, Mr.Gurpreet Singh Sachdeva got married with respondent No.2, Ms.Harpreet Kaur @ Ginni on 06.03.2011 according to Sikh rites and customs. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences vide Memorandum of Understanding dated 18.09.2015 and their marriage has also been dissolved by mutual consent by a decree of divorce

dated 20.05.2016 granted by the Additional Principal Judge, Family Court (West), Delhi. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that the petitioner and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Ms.Harpreet Kaur @ Ginni is present in Court today and has been identified by the Investigating Officer, SI Des Raj, PS-Vikas Puri, Delhi.

The complainant also admits that the matter has been amicably settled with the petitioner and as per the terms of settlement, she has already received Rs.50,000/- (Rupees Fifty Thousand Only) from the petitioner and nothing remains due against the petitioner. She further submits that she has no claim or grievance left against the petitioner. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and she has no objection if the FIR in question is quashed.

Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner, Mr.Gurpreet Singh Sachdeva and respondent No.2, Ms.Harpreet Kaur @ Ginni has already been dissolved by mutual consent by a decree of divorce dated 20.05.2016, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR

No.3/2013, under Sections 498-A/406/34 IPC, registered at Police StationVikas Puri, Delhi and all proceedings arising of the same are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 16, 2017/radhika