Delhi High Court
Gundeep Singh & Ors vs State (Nct Of Delhi) & Anr on 16 November, 2015
Author: Siddharth Mridul
#4
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.11.2015
W.P.(CRL) 2383/2015
GUNDEEP SINGH & ORS ..... Petitioners
Through: Mr. Virender S. Chaudhary, Advocate
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr. R.S. Kundu, ASC (Criminal) with
Mr. Vishesh Wadhwa, Advocate for
R-1
Ms. Maninder Kaur, Respondent No.2
in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.15566/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2383/2015
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
seeking quashing of FIR No.428/2013, under Sections 498A/406/34 IPC,
registered at Police Station- Kirti Nagar, Delhi and the proceedings arising
therefrom.
2. Gundeep Singh and Maninder Kaur, petitioner No.1 and respondent
No.2 respectively were married according to Sikh rites and ceremonies on
24.09.2012. No child has been born from the said wedlock. Owing to
ideological and temperamental differences the parties to the marriage have
been living separately since 10.03.2013. On a complaint filed by the
respondent No.2 (wife) against her husband (petitioner No.1) and his family
members, the subject FIR was registered.
3. Counsel for the parties state that with the aid and assistance of the
Mediation Centre at Tis Hazari Courts, Delhi, the parties to the union have
arrived at an amicable resolution of all their matrimonial disputes. The terms
and conditions thereof are recorded in the proceeding sheet of 21.01.2014
which is annexed to the present petition as Annexure P-2 at Page No.47.
4. The respondent No.2 (wife) who is present in person has proved her
identity by producing her Aadhaar Card No.992350090089 and states that
she has already received a sum of Rs.2,00,000/- pursuant to the settlement
agreement dated 21.01.2014. The balance sum of Rs.3,00,000/- has been
deposited by the petitioner before the Court of Ms. Colette Rashmi Kujur,
Metropolitan Magistrate, Mahila Court, West, Tis Hazari Courts, Delhi on
10.11.2015 by way of two demand drafts bearing Nos.007380 and 007472
dated 24.07.2015 and 10.08.2015 in the sum of Rs.2,00,000/- and
Rs.1,00,000/- respectively drawn on IDBI Bank, Vikaspuri, New Delhi in
favour of the respondent No.2 (wife).
5. The concerned Metropolitan Magistrate, Mahila Courts, West, Tis
Hazari Courts, Delhi is directed to release the amount so deposited to
respondent No.2 Ms. Maninder Kaur (complainant in the subject FIR)
forthwith on an application being made by the latter in this behalf.
6. The respondent No.2 (wife), who is present in Court states that in view
of the settlement arrived at between the parties, she is no longer keen to
proceed with the subject FIR and the proceedings arising therefrom.
7. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
8. Consequently, FIR No.428/2013, under Sections 498A/406/34 IPC,
registered at Police Station- Kirti Nagar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioners subject to
their depositing a sum of Rs.5,000/- (Rupees Five Thousand) each with the
Victims Compensation Fund, Government of NCT of Delhi within a period
of two weeks from today. The receipt of the deposit be provided to the IO in
the subject FIR.
9. The petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
NOVEMBER 16, 2015
dn
