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Ajit Singh Sambhi & Ors vs State Of Delhi (N.C.T. Of Delhi) & Anr on 13 December, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~32
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 6429/2022 & CRL.M.A.25068/2022,
                               AJIT SINGH SAMBHI & ORS.                     ..... Petitioners
                                               Through: Mr. D. Hasija, Advocate with P-1,3 via
                                                          video conferencing and P-2,4 in-
                                                          person.
                                               versus
                               STATE OF DELHI (N.C.T. OF DELHI) & ANR. ..... Respondents
                                               Through: Mr. Satinder Singh Bawa, APP for
                                                          the State with SI Amit Solanki, PS
                                                          Sunlight Colony.
                                                          Mr. Davinder Grover with Mr. Harsh
                                                          Prabhakar,    Advocates       for   R2
                                                          alongwith R2 in-person.
                               CORAM:
                               HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                               ORDER

% 13.12.2022 CRL.M.A.25069/2022 Exemption granted, subject to just exceptions. Application stands disposed-of.

By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 15/2015 dated 06.01.2015 registered under sections 313/34 of the Indian Penal Code 1860 ('IPC') at P.S.: Sunlight Colony.

2. The petition is premised on a Memorandum of Understanding dated 27.04.2022 arrived at through an out-of-court settlement notarised in the United Kingdom; and Divorce Decree dated 07.12.2022, which is Signature Not Verified Digitally Signed CRL.M.C. 6429/2022 Page 1 of 3 By:DIVYA SHARMA Signing Date:15.12.2022 16:36:17 the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby petitioner No.1 and respondent No.2 had sought dissolution of their marriage by mutual consent.

3. Petitioner No. 1 has joined the hearing via video-conferencing from the United Kingdom. The other petitioners, as also respondent No. 2, are present in court in-person. Their credentials have been verified and they have also been identified by their respective counsel.

4. The parties have confirmed that no child was born from the wed-lock.

5. The court has queried Ms. Prabhleen Kaur, respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement deed has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (present, past and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 20 lacs from petitioner No. 1; and the entire amount has been paid at the time of recording of statements in the divorce proceedings before the Family Court, in compliance of the terms of the settlement deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

6. The petition is also supported by affidavits of the petitioners as also of respondent No. 2, alongwith proofs of their I.D.s.

7. Mr. Satinder Singh Bawa, learned APP confirms that the State has no objection to the subject FIR being quashed.

8. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr., Signature Not Verified Digitally Signed CRL.M.C. 6429/2022 Page 2 of 3 By:DIVYA SHARMA Signing Date:15.12.2022 16:36:17 reported as (2014) 6 SCC 466 this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

9. Accordingly, FIR No. 15/2015 dated 06.01.2015 registered under sections 313/34 IPC at P.S.: Sunlight Colony is quashed. All proceedings arising therefrom also stand closed.

10. Petition stands disposed-of.

11. Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J DECEMBER 13, 2022 ds Signature Not Verified Digitally Signed CRL.M.C. 6429/2022 Page 3 of 3 By:DIVYA SHARMA Signing Date:15.12.2022 16:36:17