Sukhbeer Singh & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2580/2017 SUKHBEER SINGH & ORS ..... Petitioners Through Mr.Karan Bir Singh, Adv. with Mr.Gagan Preet Singh, Adv.

versus STATE & ANR ..... Respondents Through Mr.Panna Lal Sharma, APP for State S.I. Pukhraj, P.S. Prashant Vihar Mr.Bharat Gupta, Adv. with Mr.Varun Tyagi, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.07.2017 This is a petition under Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.417/2011, under Sections 498-A/406/34 IPC, registered at P.S. Prashant Vihar and all the subsequent proceedings emanating therefrom.

Learned counsel for the petitioners submits that the marriage between petitioner No.1 and the respondent No.2 was solemnized on 16.08.2009 as per Sikh rites and ceremonies. Counsel further submits that subsequently misunderstanding pertaining to the property dispute has arisen between the parties, as a result of which marriage dispute has also arisen and the same resulted into the registration of aforesaid FIR No. 417/2011, under Sections 498-A/406/34 IPC, registered at P.S. Prashant Vihar. He further submits that after the registration of the aforesaid FIR, the opposite party also registered

an FIR No.77/2012, under Sections 468/471/34 IPC, P.S. Subzi Mandi. He further submits that after the registration of the FIRs, the near relatives and close friends intervened and the matter has been amicably settled between the parties before Delhi High Court Mediation & Conciliation Centre which has been reduced into writing vide Settlement Deed dated 09.12.2015. He further submits that their marriage has already been dissolved vide judgment and decree dated 17.11.2016 granted by the Principal Judge, Family Courts, Rohini (North), Delhi. He further submits that as per the settlement, the last amount due to be paid to the respondent No.2 is Rs.2,50,000/- and the same has been paid today by way of demand drafts bearing Nos.868246, 086550, amounting to Rs.2,00,000/- & Rs.50,000/-, dated 19.07.2017 & 18.07.

2017, drawn on Punjab & Sindh Bank and Punjab National Bank and that nothing remains to be adjudicated upon further. He also submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioner No.1 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 is present in Court today and has been identified by the Investigating Officer, S.I. Pukhraj. The complainant submits that the matter has been amicably settled with the petitioners. She further submits that as per the terms of settlement she has received last instalment of Rs.2,50,000/- by way of aforementioned demand drafts. 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 and that 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 No.1 and respondent No.2 has already been dissolved by mutual consent by a decree of divorce, it is in their interest to lead their independent and peaceful life in future. Consequently, the FIR No. 417/2011, under Sections 498-A/406/34 IPC, registered at P.S. Prashant Vihar and all proceedings arising out of the same are hereby quashed.

The present petition is allowed and disposed of accordingly. Parties are bound by the terms of settlement dated 09.12.2015. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 24, 2017/km