Jasvinder Singh vs State (Nct Of Delhi) & Anr
2019 Latest Caselaw 801 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          Date of Order: February 07, 2019

+     CRL.M.C. 52/2017
      JASVINDER SINGH                                     .....Petitioner
                     Through:          Mr.Davinder Hora and Mr.
                                       Sikandar Khan, Advocates with
                                       petitioner and Gurpreet Kaur in
                                       person.

                          Versus

      STATE (NCT OF DELHI) & ANR                           .....Respondents

                          Through:     Ms. Neelam Sharma, Additional
                                       Public Prosecutor for respondent-
                                       State with SI Mahendra Kumar
                                       Mr. Ajay Sharma, Advocate with
                                       son of respondent No. 2

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          ORDER

(ORAL)

CRL.M.C. 52/2017 Quashing of FIR No. 164/2013, under Sections 323/341/506 of IPC registered at police station Kirti Nagar is sought on the basis of Mediated Settlement of 6th April, 2016 which is a composite settlement relating to the FIR in question, FIR No. 163/13, under Sections 323/354A/506/509/34 of IPC, registered at Police Station Kirti Nagar and FIR No. 381/2013 under Sections 498A/406/34 of IPC, registered at Police Station Tilak Nagar.

Learned counsel for the parties submits that petitioner as well as his sister-Gurpreet Kaur is present in the Court and son of respondent No. 2- Ravinder Singh is also present in the Court and that Ravinder Singh is the husband of Gurpreet Kaur and have been identified to be by SI Mahendra Kumar.

Learned counsel for the parties submits that both the sides have voluntarily agreed to quashing of FIR in question as well as FIR Nos. 163/13, P.S. Kirti Nagar and 381/13, P.S. Tilak Nagar but so far as divorce proceedings are concerned, respondent-Ravinder Singh is reluctant to give divorce to his wife-Gupreet Kaur. Both sides submit that substantial compliance of the Settlement Agreement of 6 th April, 2016 has been made by the parties.

In view of the stand taken as aforesaid, FIR No. 164/2013, and FIR No. 163/13, registered at P.S. Kirti Nagar and FIR No. 381/13, registered at P.S. Tilak Nagar, Delhi are hereby quashed.

Consequentially, this petition is allowed to the aforesaid extent, while leaving the divorce aspect open to be reconsidered by the parties. Needless to say, both the parties shall be bound by the terms as reflected in paragraph Nos. 6 and 7 of the settlement agreement on 6th April, 2016.

Dasti.

(SUNIL GAUR) JUDGE FEBRUARY 07, 2019 v