Sukhwinder Singh Gulati & ORS v. State NCT Of Delhi & ANR

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3126/2017 SUKHWINDER SINGH GULATI & ORS ..... Petitioners Through:

Mr.Vikas Walia, Advocate with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with SI Naveen Kr., P.S. Rani Bagh, Delhi.

Mr.Mirza Hasan Beg, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 10.08.2017 Crl.M.A.No.12908/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3126/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.255/2011, under Sections 498-A/406/34 IPC, registered at Police Station Rani Bagh, Delhi and all the proceedings emanating therefrom. Learned counsel for the petitioners has submitted that the petitioner No.1 got married with respondent No.2 on 26.04.2003 according to Sikh rites and customs and out of the said wedlock, one daughter, namely, Prabh Kaur was born on 11.05.2006, who is in the legal custody of her mother and natural guardian (the respondent No.2 herein). Counsel further submits after the birth of the child, a misunderstanding had arisen between the parties

which resulted into the registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter in dispute has been amicably settled between the parties and to this effect the respondent No.2/complainant has filed her affidavit. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 04.09.2013 passed by the Addl. Principal Judge, Family Courts, Rohini, Delhi and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the petitioners and submits that the FIR and all subsequent proceedings arising therefrom may be quashed. The respondent No.2/complainant, Smt.

Jasleen Kaur Juneja is present in Court today and has been identified by SI Naveen Kumar, P.S. Rani Bagh, Delhi and also represented by her counsel. The respondent No.2/complainant admits the factum of amicable settlement with the petitioners and filing of her affidavit to this effect. She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 04.09.2013 passed by the Addl. Principal Judge, Family Courts, Rohini, Delhi. She further admits that her minor daughter is in her legal custody being her mother and natural guardian and nothing further remains to be adjudicated between them and she has no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter in dispute has been amicably settled between the parties and the respondent No.2 has also filed her affidavit to this effect and the same has been acted upon between the parties and the minor daughter is in the legal custody of

the respondent No.2/complainant being her mother and natural guardian and the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 04.09.2013 passed by the Addl. Principal Judge, Family Courts, Rohini, Delhi and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom. Consequently FIR No.255/2011, under Sections 498-A/406/34 IPC, registered at Police Station Rani Bagh, Delhi and all the proceedings emanating therefrom 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 AUGUST 10, 2017 'dc'