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CRL.M.C. 52/2017
HIGH COURT OF DELHI
Date of Order: February 07, 2019
HIGH COURT OF 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.
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
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 O R D E R (ORAL)
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.
2019:DHC:843 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 6th 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 2019:DHC:843
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.
2019:DHC:843 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 6th 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 2019:DHC:843
JUDGMENT