Delhi High Court
Binku Sachdeva Kaur @ Gurneet ... vs State And Anr on 1 August, 2023
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5284/2023
BINKU SACHDEVA KAUR @ GURNEET SINGH AND ORS
..... Petitioners
Through: Mr. Abhay Anand and Mr. Bipin
Kr.Jha, Advs. with petitioner No.1 in
person.
versus
STATE AND ANR ..... Respondent
Through: Mr.Digam Singh Dagar, APP for the
State with ASI Mahesh Kumar, PS
CWC Nanak Pura.
% Date of Decision: 01.08.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 5284/2023
1. The present petition has been filed for quashing of FIR no. 84/2016
registered under Section 498A, 406 and 34 IPC at PS Crime (women)
Nanakpura, Delhi.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
15:06:11
2. Learned Counsel for the petitioner submits that Respondent
no.2/complainant married petitioner no.1 on 24.04.2005 in accordance with
the Sikh//Hindu Rites, Customs and Ceremonies. From the wedlock two
children were born namely Master Arik (D.O.B.-11.07.2006) and Baby Aina
(D.O.B.-20.02.2011). However, it has been submitted that, on account of
temperamental differences and mental incompatibility, the parties have been
living separately since 08.03.2015 and instituted the present FIR. The parties
after marriage settled in Barcelona, Spain.
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 a Memorandum of Understanding
dated 22.03.2023.
4. It has further been submitted that the petitioner has filed a petition for
divorce in Spain and got ex parte decree of divorce vide order dated
08.05.2017.
5. The Learned Counsel for the petitioners, therefore, submits that since
the parties have resolved all their differences amicably; it would be in the
interest of justice to quash FIR no. 84/2016 registered under Section 498A,
406 and 34 IPC at PS Crime (women) Nanakpura, Delhi, and all the
proceedings emanating therefrom.
6. Both parties are present in court and have duly been identified by the
IO. Respondent no. 2 submits that she has entered the settlement voluntarily
without any fear, force or coercion. She submits that other petitions have
already been withdrawn or dismissed. And she has no objection if FIR no.
84/2016 registered under Section 498A, 406 and 34 IPC at PS Crime
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
15:06:11
(women) Nanakpura, Delhi, and all the proceedings emanating therefrom
are quashed.
7. I have gone through the settlement which has been placed on record.
The settlement agreement provides for the following terms and conditions:
I. That First Party agrees to pay Rs.1,10,000/- per month to
the Second Party as a maintenance for the Second Party and
both the Children on every 5th day of English calendar month
till 11.07.2024 that is the day Master Arik attains the age of
majority. It has been further agreed between the parties that
after 11.07.2024, Rs. 55,000/- only which is 50% Of Rs.
1,10,000/-will be paid by the First Party to the Second Party
towards the maintenance of Baby Aina till she attains majority
i.e. 20.02.2029.
II. It has been made clear to the Second Party by the First
Party that no maintenance will be paid to her after 11.07.2029,
however the First Party will remain liable for all the expenses
incurred upon the education of both the children even after their
attaining majority as all their legal rights will remain intact in
the First Party.
III. That the Second Party has further agreed that she will co-
operate the First Party in filing of petition and making an
statement before the Hon'ble High Delhi Court of Delhi for
quashing of F.I.R. No. 84/2016, u/s PS. CAWC.N Pura 1 498-
A/406/34 I.P.C. pending in the Court of Ms. Deepika Goyal
Shokeen, MM. SW, Dwarka, New Delhi. And, if the Second
Party fails to co-operate in getting the said FIR quashed, the
present agreement/MOU will automatically become null and
void.
IV. That the First Party has agreed to withdraw Guardianship
Petition No. 02/2020, pending in the Court of Sh. M.P.Singh,
Judge, Family Court, Central, Delhi.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
15:06:11
V. That the Second party has agreed for visiting rights of the
First Party to meet the children as and when the First Party
visits India. The Second Party has further agreed that the First
Party can call and talk to his children whenever he wishes,
subject to availability of the children.
VI. That the Second Party has further agreed that she can go to
spain with the children on request of the First Party during
summer Vacation and the First Party will bear all the expenses.
VII. That the First Party has agreed and undertake to sign and
execute any documents required for the welfare, academics and
career of the children and make him available before any
authority being father of the children, as and when required to
do so.
VIII. That after entering into the present agreement, both the
parties will not interfere in the life of each other, in any manner,
whatsoever.
IX. That the parties to the present agreement shall also
withdraw/quashing all the cases/complaints, if any, filed by
them against each other and their respective families and both
of the parties have also agreed to not to file any other suit,
maintenance petition, claim, complaints or any other litigation
against each other.
X. It has been further agreed between the parties that if either of
the parties commits breach or default of this mutually agreed
settlement, both the parties have right to initiate legal
proceedings against each other for willful default.
X. Both the parties to the present agreement shall remain bound
by the terms and conditions of the present MOU and if any
party backs out from the terms and condition of the present
agreement, then the other party will have every right to proceed
against the defaulting party as per law.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
15:06:11
8. It is submitted that as per this settlement; the petitioner shall pay
Rs.1,10,000/- on the 5th of every month tothe respondent no. 2 till July 2024
and thereafter shall pay her Rs. 55,000/-on the 5th of every month till
February 2029.
9. Both the parties have also made a joint statement in court that this
settlement shall not affect the right, title or interest of their two children
namely, Master Arik (D.O.B.-11.07.2006) and Baby Aina (D.O.B.-
20.02.2011) born out of said wedlock in any manner.
10. 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 Court and this
Court have repeatedly held that the cases arising out of matrimonial
differences should be put to a 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) 5 SCC 226;
Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and
Another, 2019 SCC OnLine Del 8179.
11. 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.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
15:06:11
12. In view of the above, FIR no. 84/2016 registered under Section 498A,
406 and 34 IPC at PS Crime (women) Nanakpura, Delhi and all the other
proceedings emanating therefrom are quashed.
13. The present petition along with all the pending applications stands
disposed of.
DINESH KUMAR SHARMA, J
AUGUST 1, 2023
Pallavi
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:05.08.2023
15:06:11
