Jagdeep Singh & Ors v. The State Govt of NCT of Delhi & Anr

O R D E R %

12.11.2024 CRL.M.A. 33708/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of. By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 180/2018 dated 02.05.2018 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Shakarpur (East), Delhi.

¶2The petition is premised on Mediated Settlement dated 27.02.2024 arrived at through mediation before the Delhi Mediation Centre, Karkardooma Courts, Delhi; and Divorce Decree dated 25.07.2024, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

¶3The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs.

¶4The petitioners as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

¶5The parties have confirmed that one child, viz. Prizleen Kaur, was born from the wedlock, who is minor as of date.

¶6No appeal is stated to have been filed from the divorce decree.

¶7The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a mediated settlement has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 8,50,000/- from petitioner No. 1; out of which Rs.7,00,000/- was paid earlier and Rs.1,50,000/- has been paid in court today, in compliance of the terms of the mediated settlement. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

¶8Mr. Digam Singh Dagar, learned APP confirms that the State has no objection to the subject FIR being quashed.

¶9In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

¶10Though mediated settlement also records that the minor child shall remain in the custody of respondent No.2 and petitioner No.1 shall have no visitation rights, it is made clear that nothing in this settlement would affect the right of the minor child to meet her father, if and when she so desires, subject to logistical convenience of the parties.

¶11Needless to add that the settlement between the parties leading to the closure of all criminal proceedings by way of the present order will in no way affect the property rights and other rights of the minor child vis-à-vis her father, as may be available under law, in any manner whatsoever.

¶12Accordingly, FIR No. 180/2018 dated 02.05.2018 registered under sections 498-A/406/34 IPC at P.S.: Shakarpur (East), Delhi is quashed. All proceedings arising therefrom also stand closed.

¶13Petition stands disposed-of.

¶14Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 12, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + JAGDEEP SINGH & ORS. .....Petitioners Through: Ms. Vidhi Jain, Advocate. versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Kavish Rana, P.S. Laxmi Nagar with SI Ghanshyam, P.S. Wazirabad. Mr. Daljeet Singh, Adv. for R2. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI