Delhi High Court
Simranjeet Singh & Ors vs The State & Anr on 24 May, 2016
#10
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24.05.2016
W.P.(CRL) 1289/2016
SIMRANJEET SINGH & ORS ..... Petitioners
Through: Mr. Gurmeet Singh, Advocate
versus
THE STATE & ANR ..... Respondents
Through: Mr. Ashish Aggarwal, ASC
(Criminal) with Mr. Piyush Singhal,
Advocate and SI Surender Singh, PS-
Bindapur
Mr. Surjit Singh & Ms. Surinder Kaur,
Parents of the Respondent
No.2/Complainant
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.6755/2016 (Delay in Refiling)
For the reasons stated in the application, which are duly supported by
an affidavit, the delay in refiling the present petition is condoned.
The application is disposed of accordingly.
CRL.M.A.6754/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 1289/2016
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.378/2014, under Sections 498-A/406/34 IPC,
registered at Police Station- Bindapur, New Delhi and the proceedings
arising therefrom.
2. The subject FIR came to be registered at the instance of Gurpreet
Kaur, respondent No.2/complainant, the former wife of Simranjeet Singh,
petitioner No.1 herein, against the latter as well as against her mother-in-law,
father-in-law, brothers-in-law, arrayed as petitioner Nos.2 to 5 respectively
in the present petition. Subsequent to the registration of the subject FIR, the
parties to the union have entered into an amicable settlement with the aid and
assistance of the Counselling Cell, Family Courts, Dwarka Court, New Delhi
on 19.05.2014. The settlement agreement dated 19.05.2014 is annexed to
this petition as Annexure B. The salient terms of the amicable settlement as
enshrined in order dated 19.05.2014 of the Counselling Cell, Family Courts,
Dwarka Court, New Delhi are as follows:-
"1. It is agreed that the parties will take divorce
by mutual consent.
2. It is agreed that the petitioner will pay
Rs.11,00,000/- along with three gold articles
(One Gold Bracelet and Two Gold Rings) to
the respondent as full and final settlement
and nothing remains due towards stridhan,
permanent alimony, jewellery etc.
3. It is agreed that the petitioner will pay
Rs.2,00,000/- to the respondent in the form
of cash on 19.05.2014 in lieu of this
settlement.
4. It is agreed that the first motion petition will
be filed within three months of the
settlement and the petitioner will pay
Rs.3,00,000/- in the form of Demand
Draft/Cash along with three gold articles to
the respondent at the time of recording
statements of first motion.
5. It is agreed that the second motion petition
will be filed after the expiry of statutory
period and the petitioner will pay
Rs.4,00,000/- in the form of Demand
Draft/Cash to the respondent at the time of
recording statements of second motion.
6. It is agreed that the respondent will
withdraw her case of Domestic Violence
pending in the Court of Ms. Tyagita Singh,
MM, Mahila Courts, Dwarka, New Delhi
after recording statements of first motion.
7. It is agreed that both the parties will
approach the Hon'ble High Court in
quashing the matter u/s 498A, 406 at PS
Bindapur, bearing FIR No.378/2014 dated
29.04.2014 within one month of obtaining
the decree of divorce and at that time the
petitioner will pay Rs.2,00,000/- to the
respondent in the form of Demand
Draft/Cash.
8. It is agreed that after this settlement, both
the parties will neither file any complaint,
case or litigation nor will pursue any
complaint, cases or litigation against each
other.
9. It is agreed that after this settlement, the
parties will not interfere in each other's life
after this settlement.
10. It is agreed that the parties shall remain
bound with the terms and conditions as
mentioned in this settlement.
The above said settlement is arrived at between the
parties out of their own free will and without any
force, pressure and coercion and the parties have
signed it in my presence. "
3. In a nutshell, it has been agreed by and between the parties to the
union that Gurpreet Kaur, respondent no. 2/complainant shall be paid a sum
of Rs.11,00,000/- along with three gold articles (One Gold Bracelet and Two
Gold Rings) as full and final settlement towards stridhan, permanent
alimony, jewellery etc. against the petitioners.
4. Counsel for the parties further state that pursuant to the said settlement
between the parties to the union, a sum of Rs.9,00,000/- has already been
received by Gurpreet Kaur, respondent no.2/complainant. The balance sum
of Rs.2,00,000/- has been brought to the Court in cash and has been handed
over to Mr. Surjeet Singh and Ms. Surinder Kaur, parents of Gurpreet Kaur,
respondent no.2/complainant who have been identified by the IO in the
subject FIR, namely, SI Surinder Singh, Police Station- Bindapur. The latter
acknowledges receipt thereof.
5. My attention has been invited to a Power of Attorney executed by
Gurpreet Kaur, respondent No.2/complainant in favour of her parents in this
behalf. It is asserted on behalf of the parents of Gurpreet Kaur, respondent
No.2/complainant, that subsequent to a decree of divorce by mutual consent
between the parties to the union, Gurpreet Kaur has since migrated to
Australia and remarried. It is observed that a decree of divorce by mutual
consent has been passed by the District & Principal Judge, South-West
District, Family Court, Dwarka, New Delhi by way of order dated
06.06.2015.
6. Mr. Surjit Singh and Ms. Surinder Kaur, parents of Gurpreet Kaur,
respondent No.2/complainant (wife), who are present in Court and have been
identified by the IO in the subject FIR, namely, SI Surinder Singh, Police
Station- Bindapur, state that in pursuance to the settlement arrived at
between the parties to the union, they are no longer keen to proceed with the
subject FIR and the proceedings arising therefrom.
7. Since the dispute between the parties which arose out of a
matrimonial discord between petitioner no. 1 and respondent no. 2 and
resulted in the registration of the subject FIR, has been settled amicably by
way of a Settlement Agreement dated 19.05.2014 without any undue
influence, pressure or coercion; the settlement between the parties is lawful;
the marriage between respondent No.2 and the petitioner No.1 has
culminated into a divorce by mutual consent granted by way of order dated
06.06.2015 and respondent No.2 has since remarried, as elaborated above, no
useful purpose will be served by proceeding with the subject FIR. The
parties undertake to abide by the reciprocal obligations as decided under the
Settlement Agreement dated 19.05.2014 without demur.
8. Resultantly, the FIR No.378/2014, under Sections 498-A/406/34 IPC,
registered at Police Station- Bindapur, New Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioners subject
to their depositing a sum of Rs.25,000/- in aggregate with the Victims'
Compensation Fund, Government of NCT of Delhi within a period of four
weeks from today. A copy of the receipt thereof shall be provided to the
Investigating Officer in the subject FIR.
9. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 24, 2016
dn
