Raman Deep Singh & ORS v. State & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5701/2018 & Crl.M.A. No.35981/2018 RAMAN DEEP SINGH & ORS ..... Petitioners Through:

Mr.B.S. Chowdhary, Adv. with petitioners in person.

versus STATE & ANR ..... Respondents Through:

Mr.Raghuvinder Verma, APP for the State with ASI Hawa Singh, PS Nihal Vihar.

Ms.Lata Rana, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 14.11.2018 1.

Vide the present petition under Section 482 Cr.P.C, the petitioners seek quashing of FIR No.845/2016 under Sections 498A/506/509/354/34 IPC registered at Police Station Nihal Vihar, Delhi and all proceedings emanating therefrom, based on a compromise deed dated 18.10.2018 executed between the parties. 2.

Learned counsel for the petitioners submits that the marriage between the petitioner no.1 and the respondent no.2 was solemnised on 25.09.2015 whereafter, they were blessed with a baby daughter, namely Pari, on 03.06.2016. He further submits that due to temperamental differences, the parties could not adjust with each other and therefore, started living separately. As a result thereof, the

respondent no.2 made a complaint against the petitioners leading to the registration of the aforesaid FIR.

3.

Learned counsel for the petitioners submits that the parties have with the intervention of the common friends, arrived at a settlement, resolving all their disputes and have executed a compromise deed dated 15.10.2018. He further submits that a decree of divorce dissolving the marriage between the petitioner no.1 and respondent no.2 has already been passed by the learned Family Court(West), Tis Hazari, Delhi on 18.09.2018. He further submits that the entire agreed amount has been paid to the respondent no.2. Learned counsel for the Petitioner submits that keeping in view the interest of the minor child, who is in the custody of respondent no.2, the petitioners offer to pay a further sum of Rs.50,000/- to the respondent no.2. He 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 of her own free will and has entered into the aforesaid settlement without any coercion. She further states that she has received the entire agreed amount and does not want the aforesaid criminal proceedings to continue as she wants to move on in life and, therefore, does not want any further acrimony with the petitioners.

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, 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. In my view, the ends of justice demand that the FIR and consequent proceedings be quashed.

6.

Accordingly, the petition is allowed and the captioned FIR and all consequential proceedings are quashed, subject to the petitioners paying a sum of Rs.50,000/- by remitting the said amount in the bank account of Ms.Simran Kaur, Saving Bank A/c No.41568100001757 in the Bank of Baroda, Peeragarhi Branch, Delhi-110007 within four weeks from today. A proof of the payment remitted to the account of respondent no.2 will be handed over to the Investigating Officer for production before the learned Trial Court.

7.

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

REKHA PALLI, J NOVEMBER 14, 2018 gm