CRL.M.C./3135/2024 of RAVINDER PAL SINGH @RAVINDER SINGH Vs STATE OF NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3135/2024, CRL.M.A. 12156/2024, CRL.M.A. 12158/2024 &CRL.M.A. 29541/2024 12158/2024 &CRL.M.A. 29541/2024

RAVINDER PAL SINGH @RAVINDER SINGH .....Petitioner Through: Mr.Gurpreet Singh Sachdeva, Adv. with petitioner in person. Through: Mr.Gurpreet Singh Sachdeva, Adv. with petitioner in person.

versus

STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr.Mukesh Kumar, APP for the State. Mr.Ankit Agrawal and Ms.Sneha Roy, Advts. for R-2. Mr.Amandeep Kaur/R-2 (through VC) Through: Mr.Mukesh Kumar, APP for the State. Mr.Ankit Agrawal and Ms.Sneha Roy, Advts. for R-2. Mr.Amandeep Kaur/R-2 (through VC)

CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

11.11.2024

1.Present petition has been filed for quashing of case FIR no.0049/2018 dated 18.01.2018 registered under Section 498A/406/34 IPC at PS Hari Nagar and all the other proceedings emanating therefrom. dated 18.01.2018 registered under Section 498A/406/34 IPC at PS Hari Nagar and all the other proceedings emanating therefrom.

2.Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner on 17.10.2018 in accordance with the Sikh (Hindu) Rites and Ceremonies and no child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective no.2/complainant married petitioner on 17.10.2018 in accordance with the Sikh (Hindu) Rites and Ceremonies and no child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective

families including the present FIR.

3.Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into settlement agreement dated 22.04.2019. proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into settlement agreement dated 22.04.2019.

4.Respondent no. 2 has appeared through VC and has duly been identified by the IO. She states that pursuant to the settlement, the petition for dissolution of marriage by mutual consent u/s 13-B (2) of Hindu Marriage Act was filed and accordingly the marriage stands dissolved by the decree dated 06.06.2019. Respondent no. 2 further states that she entered into the settlement voluntarily without any fear, force, or coercion and has no objection if the present FIR no.0049/2018 dated 18.01.2018 registered under Section 498A/406/34 IPC at PS Hari Nagar and all the other proceedings emanating therefrom are quashed. identified by the IO. She states that pursuant to the settlement, the petition for dissolution of marriage by mutual consent u/s 13-B (2) of Hindu Marriage Act was filed and accordingly the marriage stands dissolved by the decree dated 06.06.2019. Respondent no. 2 further states that she entered into the settlement voluntarily without any fear, force, or coercion and has no objection if the present FIR no.0049/2018 dated 18.01.2018 registered under Section 498A/406/34 IPC at PS Hari Nagar and all the other proceedings emanating therefrom are quashed.

5.I have gone through the settlement dated 22.04.2019. The relevant extract is reproduced hereunder: extract is reproduced hereunder:

"It is further agreed between the parties that the Respondent shall pay Rs. -Nil- to the Petitioner at the time of quashing ofF.1.R. No. 49/2019 U/s 498(4),406,34 PS:Hari Nagar inHon 'ble High Court of Delhi within two months after 2nd motion and Petitioner shall cooperate and sign all the necessary affidavit & do the needful in quashing of said F.I.R."

6.It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme

Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A.Deepa, (2013) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

7.Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial. this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

8.In view of the above, FIR no.0049/2018 dated 18.01.2018 registered under Section 498A/406/34 IPC at PS Hari Nagar and all the other proceedings emanating therefrom are quashed. under Section 498A/406/34 IPC at PS Hari Nagar and all the other proceedings emanating therefrom are quashed.

9.The present petition along with all the pending applications stand disposed of.disposed of.

NOVEMBER 11, 2024 Rb/smg

DINESH KUMAR SHARMA, J