Gurdeep Singh v. State Of NCT Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3025/2017 GURDEEP SINGH ..... Petitioners Through:

Mr. Rahul Kr. Singh, Advocate.

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

Mr. Panna Lal Sharma, APP for State with SI Sunil Chandra P.S- Tilak Nagar.

Mr. Jaipal Singh, Advocate for R-2 with R-2/complainant present in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 15.09.2017 CRL.M.A.Nos.12527-12528/2017 (Exemption) Exemption granted, subject to all just exceptions. Applications stand disposed of.

CRL.M.C. 3025/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.14/2015, under Sections 498-A/406/34 IPC, registered at Police StationTilak Nagar, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners submits that the petitioner No.1, Mr.Gurdeep Singh got married with respondent No.2, Ms.Raunika on 09.05.2010 according to Sikh rites and customs and out of the said wedlock one son namely Akshat Deep Singh was born on 29.04.2011 who is in the

custody of his mother i.e. respondent No.2, Ms.Raunika being his mother and natural guardian and right now he is stated to be studying in Guru Nanak Public School.

He further submits that subsequently a misunderstanding had arisen between the parties which resulted into registration of the aforesaid FIR. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Tis Hazari Courts, Delhi on 29.01.2016. Counsel further submits that the said settlement has been acted upon between the parties and the settled amount has already been paid by the petitioners to the respondent No.2 and nothing further remains to be paid to her. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has also been dissolved by mutual consent by a decree of divorce dated 03.02.

2017 granted by the Principal Judge, Family Court (West), Tis Hazari Courts, 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 petitioners. He further submits that the petitioners 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.Raunika is present in Court today and has been identified by the Investigating Officer, SI Sunil Chandra P.S- Tilak Nagar. The respondent No.2/complainant present in person admits that the matter has been amicably settled with the petitioners and as

per the terms of settlement, she has already received all due amounts from the petitioners. She further submits that her son namely Akshat Deep Singh shall remain in her custody being his mother and natural guardian. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that her marriage with the petitioner No.1 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 above 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, Mr.Gurdeep Singh and respondent No.2, Ms.Raunika has already been dissolved by mutual consent by a decree of divorce dated 03.02.2017 and also the custody of minor son namely Akshat Deep Sings is in the custody of natural guardian i.e. respondent No.2, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.14/2015, under Sections 498A/406/34 IPC, registered at Police Station-Tilak Nagar, 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 to the parties, as prayed. I.S.MEHTA, J SEPTEMBER 15, 2017 RV