Delhi High Court - Orders
Mahinder Pal Singh And Ors vs State (N.C.T Of Delhi) And Anr on 19 September, 2023
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6763/2023
MAHINDER PAL SINGH AND ORS. ..... Petitioners
Through: Ms. Sumedha Dua, Advocate
alongwith petitioners in person
versus
STATE (N.C.T OF DELHI) AND ANR. ..... Respondents
Through: Mr. Sunil Kumar Gautam, APP for
the State with SI Sarla Asthana, P/s.
Tilak Nagar
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 19.09.2023 Crl. M.A. No. 25295/2023 (for exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 6763/20233. The present petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 seek quashing of FIR No.173/2009 dated 01.08.2009 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at PS.: Tilak Nagar, Delhi and all proceeding emanating therefrom in view of the Settlement dated 18.07.2023 arrived at between the parties.
4. This petition is accompanied by the Settlement dated 18.07.2023 and is also supported by affidavits of all the petitioners and of respondent no.2, alongwith proofs of their respective I.Ds.
CRL.M.C. 6763/2023 Page 1 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 23:28:54
5. Petitioner nos.1 to 3 and as also respondent no.2 are present in Court and have been identified by the Investigating Officer. Their credentials have been verified by this Court.
6. Issue Notice.
7. Learned APP accepts notice. He confirms that he has no objection to the quashing of the said FIR.
8. Respondent no.2 confirms that the petitioner no.1 and respondent no.2 have been granted divorce by mutual consent vide Decree of Divorce dated 02.09.2023. She further affirms the Settlement dated 18.07.2023 whereby the petitioner no.1 has already paid her a sum of Rs.7,00,000/- at the time of settlement and an amount of Rs.11,00,000/- has been handed over to the respondent no.2 vide DD No.507149 issued on ICICI Bank, in full and final settlement of all her claims including alimony, maintenance (present, past and future), stridhan etc. She states that she has no objection to the quashing of the present FIR. As per the settlement, an amount of Rs.11,00,000/- has also been handed over to the respondent no.2 by the petitioner no.1 in the form of FDR dated 21.08.2023 issued by Punjab National Bank, Sec-10, Dwarka, New Delhi, in favour of minor child namely Anmol Manchanda with Ms. Manmeet Walia (respondent no.2/named as the guardian of the child). This FDR shall be for a period till the time the minor child namely Anmol Manchanda attains majority and the principal amount of this FDR shall be released to him at the time of attaining majority. The quarterly interest of this FDR shall be transferred to the Saving Account of Ms. Manmeet Walia for meeting the current needs and expenses of the minor son Anmol Manchanda till he attains, majority.
CRL.M.C. 6763/2023 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 23:28:54
9. In view of the settlement arrived at between the parties and following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. Vs. Babita Raguvanshi & Anr (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.
10. Accordingly, the petition is allowed and FIR No.173/2009 dated 01.08.2009 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 at PS.: Tilak Nagar, Delhi and all proceeding emanating therefrom are quashed. As the petitioner no.2 is a retired Teacher who was teaching in a nearby School till some time back, he has voluntarily offered his services of teaching in the nearby school namely S.B.V Chand Nagar No.1, Delhi which is in the same vicinity where he is residing after duly co- ordinating with the Principal namely Mr. Shaukat Ali, twice a week for a period of three months, subject to his health condition. Further, the petitioner no.2 shall be at liberty to offer his services for a longer duration of time, if he so wishes.
11. This Court appreciates the benevolent gesture and applauds the Samaritan effort put in by the petitioner no.2, who despite his health condition, has willingly agreed to offer his best services available to the Nation pro bono despite the rigours he has been facing since some time back.
12. Needless to state that the settlement arrived at between the parties resulting in closure of all criminal proceedings inter se the parties by way of CRL.M.C. 6763/2023 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 23:28:54 the present order will, in no way, effect the rights of the child of the petitioner no.1 and the respondent no.2 namely Anmol Manchanda vis-a-vis his parents, as may be available under law, in any matter whatsoever.
13. Accordingly, the present petition, alongwith the pending application, if any, stands disposed of.
SAURABH BANERJEE, J SEPTEMBER 19, 2023/akr CRL.M.C. 6763/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/09/2023 at 23:28:55