Inder Mohan Singh & ORS v. State ( Govt Of NCT Of Delhi) & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3927/2018 & Crl.M.A.29356/2018 INDER MOHAN SINGH & ORS ..... Petitioner Through Mr.Chander Shekhar Chaudhary with Mr.Purshottam Singh, Advs.

versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Mr.Raghuvinder Verma, APP with SI Dharmvir Singh, PS CWC Nanak Pura.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 29.10.2018 1.

Vide the present petition, the petitioners seek quashing of FIR No.191/2013 u/s 406/498A/34 IPC registered at PS Crime (Women) Cell.

2.

Mr.Chander Shekhar Chaudhary, learned counsel for the petitioner submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 13.12.2009 and a son namely Mannan, was born out of the said wedlock. He further submits that after the parties got married, they could not adjust with each other due to temperamental differences leading to the registration of the aforesaid FIR on a complaint made by the respondent no.2. 3.

Mr. Chaudhary submits that the parties with the intervention of the elders of the family have arrived at a settlement before the learned Principal Judge, Family Court, Patiala House and the petitioner no.1 as also the respondent no.2 have decided to part ways, pursuant

whereto a decree of divorce has already been passed by the learned Family Court on 02.06.2018, thereby dissolving the marriage of the petitioner with respondent no.2. He further submits that the entire settlement amount of Rs.6,50,000/- has already been paid to the respondent no.2 and therefore, prays that the aforesaid FIR and all proceedings emanating therefrom be quashed.

4.

The petitioners as also the respondent no.2 are present in Court and have been identified by the Investigating Officer. I have also interacted with the respondent no.2, who states that she has decided to resolve her differences with the petitioners on her own free will and the entire settlement amount has been paid to her. She further states that she does not want to pursue the aforesaid criminal proceedings as she wants to move on in life and does not want any acrimony in her future life.

5.

I have considered the submissions of the learned counsel for the parties and perused the record. Keeping in view the fact that the present FIR emanates from a matrimonial dispute, which now stands resolved between the parties, the ends of justice demand that the present proceedings be quashed, as no useful purpose will be served in continuing the criminal proceedings when the parties themselves have already resolved their differences and want to move on in life. 6.

Accordingly, the petition is allowed and the captioned FIR is quashed, subject to the petitioners paying a sum of Rs.50,000/- as a FDR in favour of the minor son Mr.Mannan Shamini Khanna within two weeks from today. A copy of the receipt of FDR will be handed over to the Investigating Officer for production before the Trial Court.

7.

The petition alongwith the pending application is disposed of in the above terms.

REKHA PALLI, J OCTOBER 29, 2018 sr