Simranjeet Singh & Ors. v. The State & Anr.

1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.378/2014, under Sections 498-A/406/34 IPC, registered at Police Station- Bindapur, New Delhi and the proceedings arising therefrom.

2. The subject FIR came to be registered at the instance of Gurpreet Kaur, respondent No.2/complainant, the former wife of Simranjeet Singh, petitioner No.1 herein, against the latter as well as against her mother-in-law, father-in-law, brothers-in-law, arrayed as petitioner Nos.[2] to 5 respectively in the present petition. Subsequent to the registration of the subject FIR, the parties to the union have entered into an amicable settlement with the aid and assistance of the Counselling Cell, Family Courts, Dwarka Court, New Delhi on 19.05.2014. The settlement agreement dated 19.05.2014 is annexed to this petition as Annexure B. The salient terms of the amicable settlement as enshrined in order dated 19.05.2014 of the Counselling Cell, Family Courts, Dwarka Court, New Delhi are as follows:-

3. In a nutshell, it has been agreed by and between the parties to the union that Gurpreet Kaur, respondent no. 2/complainant shall be paid a sum of Rs.11,00,000/- along with three gold articles (One Gold Bracelet and Two Gold Rings) as full and final settlement towards stridhan, permanent alimony, jewellery etc. against the petitioners.

4. Counsel for the parties further state that pursuant to the said settlement between the parties to the union, a sum of Rs.9,00,000/- has already been received by Gurpreet Kaur, respondent no.2/complainant. The balance sum of Rs.2,00,000/- has been brought to the Court in cash and has been handed over to Mr. Surjeet Singh and Ms. Surinder Kaur, parents of Gurpreet Kaur, respondent no.2/complainant who have been identified by the IO in the subject FIR, namely, SI Surinder Singh, Police Station- Bindapur. The latter acknowledges receipt thereof.

5. My attention has been invited to a Power of Attorney executed by Gurpreet Kaur, respondent No.2/complainant in favour of her parents in this behalf. It is asserted on behalf of the parents of Gurpreet Kaur, respondent No.2/complainant, that subsequent to a decree of divorce by mutual consent between the parties to the union, Gurpreet Kaur has since migrated to Australia and remarried. It is observed that a decree of divorce by mutual consent has been passed by the District & Principal Judge, South-West District, Family Court, Dwarka, New Delhi by way of order dated 06.06.2015.

6. Mr. Surjit Singh and Ms. Surinder Kaur, parents of Gurpreet Kaur, respondent No.2/complainant (wife), who are present in Court and have been identified by the IO in the subject FIR, namely, SI Surinder Singh, Police Station- Bindapur, state that in pursuance to the settlement arrived at between the parties to the union, they are no longer keen to proceed with the subject FIR and the proceedings arising therefrom.