Jaspal Singh v. Govt of NCT of Delhi & Ors

1. The present petitions have been filed by the petitioners under Articles 226/227 of the Constitution of India read with Section 482 Cr.PC praying inter alia for quashing of FIR No.61/2012 lodged under Sections: 406/498A IPG at Police Station: Punjabi Bagh.

2. Counsel for the petitioners states that apart from FIR No.61/2012, the respondent No.2/complainant had also lodged FIR No.330/2011 against the brother of the petitioner, Shri Swaran Singh Mattu (petitioner in W.P.(CRL) 1250/2013) under Section 354 IPG at Police Station: Punjabi Bagh. He submits that in the meantime, the parties have arrived at a negotiated settlement through the Mediation Centre, Tis Hazari Courts as recorded in the proceedings dated 25.04.2012 (Annexure-B). He states that pursuant to the settlement arrived at between the parties, as had been agreed upon, the parties had approached the concerned court by filing a joint application for dissolution of marriage and a decree of dissolution was passed on a 22.12.2012 (copy whereof has also been placed on record). It is pointed out that out of the agreed sum of ?5 lacs that the petitioner in W.P.(CRL) 1254/2013 & W.P.(CRL) 1250/2013 W.P.(CRL) 1254/2013 had agreed to pay to the respondent No.2/complainant, a sum of ^^3 lacs had already been paid and the balance sum of ?2 lacs (?1 lac in cash and a DD of ?1 lac) is handed over to her through counsel today. Learned counsel states that now nothing further is due or payable to the respondent I\lo.2/complainant and therefore, the present FIRs may be quashed as the parties have arrived at a comprehensive settlement.

3. Learned counsel for the respondent No.2/complainant confirms the fact that all the terms and conditions of the settlement arrived at between the parties before the Mediation Centre, Tis Hazari Courts, have been acted upon and nothing further is due or payable by either of the petitioners to his client. The said fact is also confirmed by the respondent No.2/complainant,who is present in person.

4. Learned Standing Counsel (CrI.), Govt. of NCT of Delhi submits that charge-sheets in the present cases have been filed. He, however, states that in view of the fact that the parties, who are related to each other, have arrived at a negotiated settlement, the State has no objection to the present FIRs being quashed.

5. The Court has heard the counsels for the parties. In view of the submission made by respondent No.2/complainant and in view of the > fact that the parties have arrived at a negotiated settlement, this Court is of the opinion that no useful purpose will be served by proceeding further with the aforesaid FIRs and the proceedings arising therefrom.

6. Accordingly, the prayer made in the petitions is allowed. FIRs No.330/2011 and No.61/2012 lodged by the respondent No.2/complainant with Police Station: Punjabi Bagh, and all the proceedings arising therefrom are quashed.

7. The petitions are disposed of. Files be consigned to the record room. HIMA KOHLI, 3 SEPTEMBER 03, 2013 rkb/sk