Paramjeet Singh & Ors. v. State & Anr.

Delhi High Court · 10 Mar 2021 · 2021:DHC:911
Suresh Kumar Kait
CRL.M.C. 818/2021
2021:DHC:911
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and divorce decree between the parties.

Full Text
Translation output
Crl.M.C. 818/2021 HIGH COURT OF DELHI
Date of Decision: March 10, 2021
CRL.M.C. 818/2021
PARAMJEET SINGH & ORS. ..... Petitioner
Through: Mr. Anurag Jain, Advocate
VERSUS
STATE & ANR. ..... Respondents
Through: Mr.Panna Lal Sharma, Additional Public Prosecutor for respondent No.1/State with SI Mahender
Respondent No.2 in person
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(oral)
The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners are seeking quashing of FIR No.546/2015, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conferencing and she has been identified as the 2021:DHC:911 complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 29.04.2012 and due to disputes and differences, the marriage could not work and they started living separately since 20.12.2013. The dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of Settlement- Agreement of 13.10.2020. It is stated that joint petition under Section 13 (1) (ia) and Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge (West District), Family Court, Tis Hazari Court, Delhi and decree of divorce has been granted on 21.01.2021.

7. Learned counsel for the petitioners submits that the terms of Settlement-Agreement of 13.10.2020 have been acted upon and today, the balance amount of Rs.2,00,000/- has been paid to respondent No.2/complainant.

8. Respondent No.2, present through video conferencing, affirms having received the balance amount of Rs.2,00,000/- from petitioners. She affirms the contents of her affidavit filed in support of this petition and submits that now, no grievance against the petitioners survives and proceedings arising out of FIR in question be brought to an end.

9. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

10. For the reasons afore noted, FIR No.546/2015, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and consequent proceedings emanating therefrom are hereby quashed.

11. The petition is accordingly allowed and disposed of.

JUDGE MARCH 10, 2021 r