Gurvinder Singh v. State

Delhi High Court · 05 Apr 2018 · 2018:DHC:8420
A. K. Pathak
M.C. 2417/2017
2018:DHC:8420
criminal petition_allowed

AI Summary

The Delhi High Court quashed two FIRs related to matrimonial disputes following a voluntary settlement and mutual consent divorce between the parties.

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HIGH COURT OF DELHI rRT..M.C. 2417/2017 GURVINDER SINGH &ORS Petitioners
Through Mr. Rajat Aneja withMs. Chandrika Guptaj Advs with petitioners in r person
/' •' • '''yersus'
STATE &ANR .....Respondents
Through Mr. GMFarooqui, APP for State SI Munna Kumar, PS Delhi Cantt
Mr. Pramod K Sharma, Adv for R-2 rRL.M.C. 1092/2018
PUSHPINDER KAUR & ORS .•••• Petitioners
Through Mr. Pramod K Sharma, Adv
VERSUS
; ^ STATE&ANR Respondents
Through ' Mr. Ainit Chadha; APP for,State , W/SI Jyoti,PSRKPuram
Mr. Rajat Aneja with Ms. Chandrika Gupta,-Advs for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
05.04.2018 By these petitions, it has been prayed that the following cross
FIRs may be quashed;- , , . 1.) FIR No.226/2010 under section 506/120B IPG and Section
. 3 Dowry Prohibition Act, registered at police station R K
2018:DHC:8420 Furam on the complaint of complainant/respondent no.2
Gurvinder Singh in CrlMC 1092/2018; & 2.) FIR No.401/2005 under section 406/498-A/34IPC registered at police station Delhi Cantt on the complaint of complainant/respondent no.2 Pushpinder Kaur in Crl MC
2417/2017.
It is submitted that marriage between Pushpinder Kaur and
Gurvinder Singh was solemnized on l/*" November, 2002 as per Sikh rites and ceremonies. However, they could not live together for long and aforesaid cases were fded on complaint of Pushpinder Kaur and
Gurvinder Singh. Other petitioners are relatives ofPushpinder Kaur and Gurvinder Singh. Settlement has been arrived at between
Pushpinder Kaur and Gurvinder Singh before the Mediation Centre, Dwarka Courts, New Delhi on 6'^ June, 2016. Marriage between
Pushpinder Kaur and Gurvinder Singh has already been dissolved by decree of mutual consent dated 28^*^ March, 2017 passed by Family
Courts, Dwarka, New Delhi.
Respondent no.2 Pushpinder Kaur in Crl MC 2417/2017 is present in the Court and has been identified by SI Munna Kumar of police station Delhi Cantt. Likewise, Gurvinder Singh, respondent no.2 in Crl MC 1092/2018 has been identified by W/SI Jyoti of police station R K Puram. Other relatives of Pushpinder Kaur andGurvinder
Singhare also presentin the Court.
Both Pushpinder Kaur and Gurvinder Singh and submit that they have settled their disputes oftheir own free will, without any undue force, pressure or coercion. Gurvinder Singh has handed over balance settled amount of ^2.5 lakhs to Pushpinder Kaur in the Court today by way of demand draft, photocopy whereof is on record.
Pushpinder Kaur submits that with this payment, entire settled amount of ^11.5 lakhs stands received by her. It is further submitted by
Pushpinder Kaur and Gurvinder Singh that they have no objection if their respective FIRs are quashed.
In view of the settlement arrived at between Pushpinder Kaur and Gurvinder Singh and particularly in light of the fact that their marriage already stands dissolved, I am ofthe view that no fhiitfiil purpose would be served by keeping criminal proceedings pending.
Accordingly, in light of facts and circumstances as detailed above, both the aforenoted FIRs and consequent proceedings emanating therefrom, are quashed.
Petitions are disposed of in above terms. Dasti.
APRIL 05,2018 sm
JUDGMENT