CRL.M.C./3067/2017 of MANPREET SINGH & ORS Vs STATE OF NCT OF DELHI & ORS

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 3067/2017

MANPREET SINGH & ORS..... PetitionersThrough:Mr.Sunil Kr. Ojha, Adv.

versus

STATE OF NCT OF DELHI & ORS..... RespondentsThrough:Mr.Panna Lal Sharma, APP for StateSI Bharat, PS-Civil LinesMr.Hariom Arora, Adv.

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%09.08.2017

CRL.M.A.12709/2017

Exemption granted, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 3067/2017

This is petition under Section 482 Cr.P.C. for quashing of FIRNo.164/2012, under Sections 498-A/406/34 IPC, registered at PoliceStation-Civil Lines, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner submits that the petitioner No.1Mr.Manpreet Singh got married with respondent No.2, Ms.Ishwar Kaur on21.11.2009 according to Sikh rites and customs and out of the said wedlockone son namely Sukhleen Singh was born on 28.10.2010 who is in thecustody of his mother i.e. respondent No.2, Ms.Ishwar Kaur. He furthersubmits that due to temperamental differences and misunderstanding arisen

between them, the marital relations between them could not proceed furtherbut consequently with the help of near relatives and close friends, they haveamicably settled all their disputes and differences in Mediation Centre, TisHazari Courts, Delhi on 18.07.2016 and their marriage has also beendissolved by mutual consent by decree of divorce dated 04.03.2017 inHMA No.264/2017 granted by the Principal Judge, Family Court, CentralDistrict, Tis Hazari Courts, Delhi. He further submits that all disputes havebeen amicably settled between the parties and nothing remains to beadjudicated upon further and submits that the FIR in question is coming ashurdle in the way of the present petitioners. He further submits that thepetitioners and the respondent No.2 want to lead their independent andpeaceful life in near future and since all disputes have been settled betweenthem, the FIR in question and all proceedings arising therefrom may bequashed.

The respondent No.2/complainant, Ms.Ishwar Kaur is present inCourt today and has been identified by the Investigating Officer, SI Bharat,PS-Civil Lines, Delhi. The complainant also admits that the matter has beenamicably settled with the petitioners and as per the terms of settlement, shehas received last instalment of rupees one lakh from the petitioners. Shefurther submits that her son namely Sukhleen Singh shall remain in hercustody. She further submits that she has no claim or grievance left againstthe petitioners. She further submits that the settlement/compromise hastaken place voluntarily, without any force, pressure or coercion. She furthersubmits that their marriage has already been dissolved by mutual consent bya decree of divorce and she has no objection if the FIR in question isquashed.

Keeping in view the facts and circumstances of the case and the factthat the matter has been amicably settled between the parties and also themarriage between the petitioner No. 1, Mr.Manpreet Singh and respondentNo.2, Ms.Ishwar Kaur has already been dissolved by mutual consent by adecree of divorce dated 04.03.2017 and also the custody of minor sonnamely Sukhleen Singh is in the custody of natural guardian i.e. respondentNo.2, it is in their interest to lead their independent and peaceful life infuture, consequently, the FIR No.164/2012, under Sections 498-A/406/34IPC, registered at Police Station-Civil Lines, Delhi and all proceedingsarising of the same are hereby quashed.

The present petition is allowed and disposed of accordingly.Copy of this order be given dasti.

AUGUST 09, 2017/sr

I.S.MEHTA, J