Delhi High Court - Orders
Harsimran Singh & Ors vs The State & Anr on 1 May, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3030/2023, CRL.M.A.11403/2023
HARSIMRAN SINGH & ORS.
..... Petitioners
Through: Ms.Anita Saini and Ms.Garima,
Advocates with P1 and P2 in person.
versus
THE STATE & ANR.
..... Respondents
Through: Mr.Sunil Kr.Gautam, APP for State
with SI Arun Kumar, PS South
Rohini.
R2/complainant person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 01.05.2023
1. Petitioners file this petition for quashing of the FIR No.155/2018 under Section 406/498A/34 Indian Penal Code registered at police station Rohini South, Delhi against them and the proceedings emanating therefrom.
2. The marriage between the petitioner No.1 and complainant/ respondent No.2 was solemnized on 25.06.2017 according to Sikh rites and ceremonies at Delhi. However, due to matrimonial discord, the couple could not live together and respondent No.2 filed CC No.4300/2016 under Section 12 of the DV Act; HMA No.941/2018 under Section 12(1)(a) of the HMA for declaring the marriage to be null and void; Civil Suit No.287/2018 for mandatory and permanent injunction; CS No.633/2018 filed for defamation against petitioner No.1 and his family members; as also aforesaid FIR against petitioners. During the pendency of proceedings, the couple settled the matter per settlement agreement dated 25.08.2022. The parties have also Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:03.05.2023 11:28 obtained divorce by mutual consent. The respondent No.2 also withdrew aforesaid cases filed by her. Pursuant to settlement, respondent No.2 has not claimed any sum towards her claims of alimony, maintenance - past, present and future, stridhan, and dowry articles etc. The petitioners No.3 & 4 are sister-in-law and her husband who are not present today, being residents of Canada. The respondent No.2 does not dispute their identity and have no objection, in case the petition is allowed in their absence.
3. The complainant/respondent No.2 has been duly identified by the Investigating Officer, states the matter has been settled with the petitioners having left with no claim against them and she has no objection if the FIR is quashed. The learned APP for the State has also no objection, if this petition is allowed. The affidavits of parties are on record.
4. Considering the above settlement between the parties, there is no impediment in quashing of the FIR as complainant has settled all the disputes with the petitioners. In view of the above, there is no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners.
5. Accordingly, the petition is allowed. Consequently, FIR No.155/2018 under Section 406/498A/34 Indian Penal Code registered at police station Rohini South, Delhi and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.
YOGESH KHANNA, J.
MAY 01, 2023 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:03.05.2023 11:28