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Arvinder Singh & Anr vs The State (Gnct Of Delhi) & Anr on 11 November, 2020

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~9
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +     CRL.M.C. 2187/2020
                                      ARVINDER SINGH & ANR.                            ..... Petitioners
                                                        Through : Ms.Shikha Shah, Advocate.
                                                        versus
                                      THE STATE (GNCT OF DELHI) & ANR.              ..... Respondents
                                                        Through : Mr.M.S.Oberoi, APP for the State
                                                                    with SI Avdhesh Kumar, PS Geeta
                                                                    Colony.
                                                                    Ms.Mamta, Advocate for R-2
                                      CORAM:
                                      HON'BLE MR. JUSTICE YOGESH KHANNA
                                                        ORDER

% 11.11.2020

1. The hearing has been conducted through Video Conferencing.

2. Exemption allowed, subject to all just exceptions.

3. The application stands disposed of.

4. This petition is filed for quashing of the FIR No.37/2019 under Section 406/498A/34 Indian Penal Code registered at police station Geeta Colony against them and the proceedings emanating therefrom, got registered by the respondent No.2.

5. The marriage between the petitioner No.1 and complainant/ respondent No.2/wife was solemnized on 10.04.2011 according to the Sikh rites and ceremonies. In March, 2014 a female child namely Sukheen Kaur was born from the wedlock whose custody is with the respondent No.2. However, due to matrimonial difference, both the parties started living separately from June 2016. The aforesaid FIR was registered on 13.03.2019. It is submitted due to intervention of the family Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:11.11.2020 16:44 members/friends they have settled the matter per settlement agreement dated 29.05.2019 for a total sum of Rs.3.00 lacs towards past, present, and future maintenance, alimony and all claims. The parties have also obtained divorce by mutual consent under Section 13(B)(2) of the Hindu Marriage Act.

6. The complainant/respondent No.2 is present and has been duly identified by the Investigating Officer, she states the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. The learned APP for the State has also no objection, if this petition is allowed.

7. Considering the above settlement between the parties, there is no justification to proceed with the criminal case as complainant has settled all the disputes and has received the settled amount from the petitioners.

8. Accordingly, the petition is allowed. Consequently, FIR No.37/2019 under Section 406/498A/34 Indian Penal Code registered at police station Geeta Colony and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.

YOGESH KHANNA, J.

NOVEMBER 11, 2020 DU Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:11.11.2020 16:44