Bharat Singii & Ors v. State & Anr

Delhi High Court · 21 Nov 2017 · 2017:DHC:8277
A.K. Pathak
CRL.M.C. 3937/2017
2017:DHC:8277
criminal petition_allowed

AI Summary

The Delhi High Court quashed multiple FIRs arising from matrimonial disputes following an amicable settlement and mutual divorce, exercising its inherent jurisdiction under Section 482 CrPC.

Full Text
Translation output
$--3 to 5
* IN THE HIGH COURT OF 1)ELHI AT NEW DELHI
+ CRL.M.C. 3937/20 17
BHARAT SINGII & ORS Petitioners
Through Mr. Sheel Kumar, Adv
VERSUS
STATE & ANR Respondents
Through Ms. Meenakshi Dahiya, APP for State
SI Shashi Kumar, PS Swaroop Nagar
+ CRL.M.C. 3939/2017
DEEPA KUMARI & ORS
Through
Petitioners
Mr. R K Gupta, Adv
VERSUS
Through Ms. Meenakshi Chauhan, APP for
State with ASI Govardhan Singh, PS
Prashant Vihar
Mr. Sheel Kumar, Adv for R-2
+ CRL.M.C. 3952/20 17
BHARAT SINGI-I & ANR
Through
Petitioners
Mr. Sheel Kumar, Adv
VERSUS
Through Ms. Meenakshi Chauhan, APP for
State with ASI Govardhan Singh, PS
Prashant Vihar
2017:DHC:8277
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
21.11.2017
Marriage between Mr. Bharat Singh and Ms. Deepa Kumari was solemnized on
18th February, 2012 in Delhi. Disputes arose between them and they started living separately with effect from 161h
September, 2015. On the complaint of respondent no.2, FIR
201/2016 under Sections 498A/406/34 IPC was registered at police station Swaroop Nagar on 12
1h May, 2016.
Other petitioners and private respondents in other two cross
FIRs, that is, FIR 618/2016 under Sections 323/341/506/34 IPC and
FIR 619/2016 under Sections 323/354/509/34 IPC were registered at police station Prashant Vihar, are also related to Mr. Bharat Singh and
Ms. Deepa Kumari, inasmuch as, they are also involved in the said
FIRs.
It is submitted that Mr. Bharat Singh and Ms. Deepa Kumari have settled their disputes before the Mediation Centre, Tiz Hazari
Courts, Delhi on 20111 December, 2016 on the terms and conditions, as stipulated in Annexure P-2 in Cr1 MC 3937/2017. It is noted that marriage between Mr. Bharat Singh and Ms. Deepa Kumari has already been dissolved by a decree of divorce by mutual consent dated I
1th July, 2017 passed by the Family Court, North District, Rohini Courts, Delhi.
Sh. Bharat Singh has paid 3,00,000/- to Ms. Deepa Kumari towards balance settled amount. Ms. Deepa Kumari says that with this amount, entire settled amount of 7,00,000/- stands received and she is not willing to pursue criminal proceedings against the petitioners and the same may be quashed.
All the petitioners and private respondents involved in above captioned three petitions are present in the Court and have been identified by SI Shashi Kurnar, PS Swaroop Nagar and ASI
Govardhan Singh, PS Prashant Vihar. It is submitted that they have no objection if all the FIRs are quashed.
Keeping in mind the facts and circumstances as detailed above, nature of disputes involved and more particularly, the fact that marriage of Mr. Bharat Singh and Ms. Deepa Kumari has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR 201/2016 under Sections 498A/406134 IPC registered at police station Swaroop Nagar on
12th May, 2016; FIR
618/2016 under Sections 323/341/506/34 IPC and FIR 619/2016 under Sections 323/354/509/34 IPC both registered at police station
Prashant Vihar and the consequent proceedings emanating therefrom are quashed.
All the three petitions are disposed of in the above terms.
Dasti.
A.K K, J.
NOVEMBER 21, 2017 sm
JUDGMENT