Simranjeet Singh & ORS. v. State Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4519/2016 SIMRANJEET SINGH & ORS.

..... Petitioners Through:

Mr.Amit Manchanda, Advocate with the petitioners in person.

versus STATE OF DELHI & ANR.

..... Respondents Through:

Mr.Izhar Ahmad, APP for State with Insp. Adith Lily, P.S. Dwarka (South), New Delhi and SI Narender Kaur, P.S. CWC, Nanakpura, New Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 05.12.2016 Crl.M.A.No.18900/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4519/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR bearing FIR No.104/2010, under Sections 498-A/406/34 IPC, registered at Police Station Crime (Women) Cell and all proceedings arising therefrom.

Learned counsel for the petitioners submits that the petitioner No.1 was the husband, petitioner No.2 was the father-in-law and petitioner No.3 was the mother-in-law of the respondent No.2/complainant. Counsel further

submits that the petitioner No.1 got married to the respondent No.2/complainant on 12th February, 2004 at Gurudwara Singh Sabha, Prem Nagar, Janakpuri, New Delhi according to Anand Karj, Rites and Ceremonies. Learned counsel further submits that after the marriage, due to the misunderstanding arisen between the parties, the respondent No.2/complainant got registered an FIR No.104/2010, under Sections 498A/406/34 IPC at Police Station Crime (Women) Cell. He further submits that after the registration of the FIR, the friends and near relatives intervened and subsequently the matter has been amicably settled between the parties at the Mediation Centre, Dwarka Courts, New Delhi on 1st August, 2015.

Counsel for the petitioners further submits that the marriage between the petitioner No.1 and the respondent No.2/complainant has already been dissolved by a decree of divorce by mutual consent vide judgment and decree dated 7th April, 2016 passed by the Principal Judge, Family Court, Tis Hazari Courts, Delhi. Counsel further submits that nothing is due and payable to the respondent No.2/complainant except an amount of Rs.1.5 lakh towards the balance settled amount which is being paid to her today. Counsel thus submits that since the matter has already been amicably settled between the parties, no purpose would be served by continuing with criminal proceedings against the petitioners and prays that the FIR in question and all subsequent proceedings arising therefrom, which are coming in the way of the parties as a hurdle to lead their lives peacefully in near future, may be quashed.

The respondent No.2/complainant is present in Court today and has been identified by the IO Inspector Adith Lily. The complainant admits that she has amicably settled the matter with the petitioners and that her marriage

with the petitioner No.1 has been dissolved by a decree of divorce by mutual consent vide judgment and decree dated 7th April, 2016 and nothing remains to be adjudicated between the parties. She further submits that the settlement reached between the parties is voluntary and without any force, pressure or coercion and submits that she has got no objection if the FIR in question is quashed. A demand draft bearing No.085749 dated 03.12.2016 drawn on HDFC Bank, in the sum of Rs.1.5 lakh in favour of the respondent No.2/complainant Raminder Kaur, is handed over by counsel for the petitioners to the respondent No.2/complainant towards the balance settled amount which has been duly received and accepted by her. Looking into the facts and circumstances, since the matter has been amicably settled between the parties and nothing is left to be adjudicated between the parties and to meet the ends of justice and to enable the parties to lead their lives happily and peacefully, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom.

Consequently, FIR bearing FIR No.104/2010, under Sections 498-A/406/34 IPC, registered at Police Station Crime (Women) Cell and all proceedings arising therefrom are hereby quashed.

The present petition stands disposed of in the above terms. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 05, 2016 'dc'