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Ajit Singh vs The State & Anr on 23 October, 2020

Author: Anu Malhotra

Bench: Anu Malhotra

                          $~26
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    Crl.M.C. No. 1542/2019

                              AJIT SINGH                                    ..... Petitioner
                                                 Through:       Mr. Arjun Singh Khurana, Advocate

                                                 versus

                              THE STATE & ANR.                                   ..... Respondent
                                            Through:            Mr.Sanjeev Sabharwal, APP for State
                                                                With SI Amit Kumar.
                                                                Mr.Govil Upadhyaya for R-2.

                              CORAM:
                              HON'BLE MS. JUSTICE ANU MALHOTRA
                                           ORDER

                              %            23.10.2020
                                      (Through Video Conferencing)

The proceedings dated 5.2.2020 are self-explanatory which indicate that the petitioner seeks the quashing of the FIR No.878/2014, PS Rajouri Garden registered under Sections 323/506 of the Indian Penal Code, 1860 to the extent that it now subsists as indicated vide the status report submitted by the SHO, PS Rajouri Garden dated 18.10.2019 submitting inter alia to the effect that though the FIR was registered under Sections 323/376/377/506/34 of the Indian Penal Code, 1860 but the charge sheet was filed under Sections 323/354A/377/506/34 of the Indian Penal Code, 1860 and subsequently vide order dated 04.12.2017, the other co-accused in the matter namely Jasmeet Singh was discharged with the offences now continuing against the present petitioner alone under Sections 323/506 of the Indian Penal Code, 1860.

The petition is premised on the settlement arrived at between the parties during the course of the divorce proceedings under Section 13B(1) and Section 13B(2) of the HMA on the basis of a joint statement made on 04.06.2018 in HMA Petition No.2058/2018 before the Court of the Judge, Family Court (West), THC, New Delhi.

The Investigating Officer of the case was present on 5.2.2020 and had identified the petitioner Ajit Singh as being the accused arrayed in the FIR No.878/20I4, PS Rajouri Garden registered under Sections 323/506 of the Indian Penal Code, 1860 and he had also identified the respondent no.2 Ms. Kawaljeet Kaur as being the complainant of the said FIR.

The statement of the respondent no.2 had been recorded on her examination by the Court wherein, she had affirmed the factum of the settlement arrived at between her and the petitioner. She had further testified to the effect that the marriage between her and the petitioner had since been dissolved vide a decree of divorce through mutual consent under Section 13B(2) of the HMA, 1955 in HMA Petition No.2058/2018 vide a decree dated 07.06.2018 of the Court of the Judge, Family Court, West, certified copy of which is on the record as Ex.CW2/F, pursuant to which the proceedings in relation to FIR No.68/2013, PS Khurja Nagar under Sections 498A/506 of the Indian Penal Code, 1860 have since been quashed by the Hon'ble High Court of Allahabad in an application under Section 482 bearing No.37637/2013, the authenticated copy as issued by the High Court of Allahabad is on the record as Ex.CW2/G. She had further testified to the effect that in terms of the settlement arrived at between her and Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.10.2020 14:19 the petitioner, a total sum of Rs.7,50,000/- was agreed to be paid to her by the petitioner out of which a sum of Rs.6,25,000/- had been received by her previously and the balance sum of Rs. 1,25,000/- had been agreed to be paid to her during the course of the proceedings dated 5.2.2020 at the time of the quashing of the FIR No.878/2014, PS Rajouri Garden, which amount of Rs. 1,25,000/- was then handed over to her by the petitioner vide a Manager's Cheque bearing No. 100256 dated 18.01.2020 drawn on the HDFC Bank in her favour, photocopy of which is on the record as Ex.CW2/E and she further states that there were now no claims of hers left against the petitioner. She had further stated that she does not oppose the prayer made by the petitioner seeking the quashing of the FIR No.878/2014, PS Rajouri Garden to the extent that it now subsists only against him in view of the settlement arrived at between the parties.

It was however at that stage been submitted on behalf of the State by the learned APP that the joint statement dated 04.06.2018 made during the course of the divorce proceedings which forms the basis of the settlement arrived at m the instant case vide paragraph 4 thereof, reads to the effect:-

4. We have amicably resolved all our matrimonial disputes pertaining to this marriage including stridhan, permanent alimony, dowry articles and maintenance (present, past & future) for petitioner no. 1 for a sum of Rs. 7,50,000/- (Rupees Seven Lac Fifty Thousand only) along with the contents in the joint locker bearing No. 756, HDFC Bank, Rajouri Garden, New Delhi as per the inventory list filed before this court. The inventory list is Ex.PS. The amount of Rs.7,50,000/- shall be paid in three installments in the form of DD in favour of petitioner No. 1 by petitioner No. 2 i.e. 1st installment of Rs.

2,50,000/- has already been paid at the time of recording statement in first motion for mutual divorce vide DD No.030284 dated 22.03.2018 drawn on HDFC Fank, Rajouri Garden;. Today petitioner no. 1 has received 2nd Installment ofRs.2,50,000/- vide DD No. 002698 dated 18.04.2018, drawn on PMC Bank from the petitioner no. 2, copy of the same is Ex.P4 and 3rd installment of Rs. 2,50,000/- shall be paid at the time of quashing of FIR No.68/13 U/s 498A/506 IPC, PS:

Khurja, U.P. & FIR No.878/14, PS: Rajouri Garden U/s 323/376/377/506/34 IPC or in case of compounding of these cases and after withdrawal of all cases pending between us and our daughter. It is also agreed between us that our daughter and minor son Prabhkeerat shall not raise any claim or dispute regarding the two FDRs in their joint name with petitioner No.2 amounting to Rs.88,000/- and Rs.40,000/-. It is further agreed that the petitioner No.2 shall give no objection for withdrawal of remaining three FDRs in our joint names amounting to Rs. 1,25,000/- Rs. 1,20,000/- and Rs.32,000/- as mentioned in inventory (Ex.P3) today itself before the court of Ms. Anchal, M.M. Tis Hazari, Delhi. It is also agreed that our daughter Simranjeet Kaur will give her NOG for withdrawal of FDR amounting to Rs. 1,889/- as mentioned in inventory (Ex.P3) today itself before the court of Ms. Anchal, M.M. Tis Hazari, Delhi. It is also agreed between us that all the contents of the locker will be released to petitioner No.1 except the documents pertaining to petitioner No.2 and our daughter. It is also agreed between us that our passports and other documents which are lying in the locker has already been released and remaining contents of locker shall be released after withdrawal of all the pending cases between us and our daughter before quashing of FIR and after decree of divorce U/s 13B (2) of HMA. It is also agreed between us that petitioner No. 1 has also returned all the articles except Harmonium (which shall be given today itself out of court) that belongs to Ms. Simranjeet Kaur as per the list attached. List is Ex.PS. It is also agreed between us that permanent custody of our minor son Prabhkeerat Singh shall remain with Petitioner No.l and petitioner No.2 will have no visitation right with him. It is also agreed between us that in future our minor son will not claim any share in movable and immovable properties, assets, deposits or ancestral properties of petitioner No.2 and his family members. It is also agreed that our daughter wilt not Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.10.2020 14:19 claim anything from us in future with regard to her maintenance, expenses of her marriage and/or share in any movable and immovable properties. Today, Daughter, Simranjeet kaur has received a cheque. Cheque no. 000005, dated 04.06.2018, drawn on PMC Bank, Rajouri Garden, Delhi, from the petitioner no. 2. Copy of the same is Ex.P6. Daughter Simranjeet Kaur will cooperate in withdrawing all the cases filed by her against us, jointly or separately. "

It was thus, submitted on behalf of the State that the said terms were not in consonance with law as laid down by the Hon'ble Supreme in Ganesh V. Sudhir Kumar Shrivastava & Ors.; Civil Appeal Nos. 4031- 4032/2019 arising out of SLP(C) Nos. 32868-32869/2018, a verdict dated 22.04.2019, there could be no settlement qua the maintenance or otherwise qua the minor children born of the wedlock between the parties to the settlement and that the mother cannot give up the rights of maintenance or otherwise of the minor children.

On behalf of the petitioner, it was however submitted that both the son and the daughter of the petitioner and the respondent no.2 are majors. The daughter of the parties namely Simranjeet was present and stated that she was 24 years of age and she did not seek to assert any rights against the respondent no.2 and vide proceedings dated 5.2.2020 the affidavit of the daughter of the petitioner in relation thereto was directed to be placed on the record and the son of the respondent No.2 was directed to be present but has not put in appearance today. However, learned counsel for the respondent no.2 submits that there is no opposition to the prayer seeking the quashing of the FIR in question submitting to the effect that Prabhkeerat was born on 10.1.2001 and now is above the age of 18 years. Further Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.10.2020 14:19 more, the affidavit of the daughter of the petitioner and respondent no.2 i.e. Ms.Simranjeet Kaur dated 13.10.2020 is on the record vide which she has categorically averred to the effect:

3. That the deponent has settled all her claims, disputes and differences with the petitioner and respondent no.2. that in the joint statement of the Petitioner and respondent no.2 dated 23.03.2018 before Shri Dinesh Bhatt, Judge Family Court, Tis Hazari, New Delhi, the deponent along with her parent have amicably resolved all their matrimonial disputes pertaining to the maintenance including istridhan, permanent alimony, dowry article and maintenance (past present and future).

4. That the deponent affirms that it was agreed that the deponent will not claim anything from the parties in future with regard to her maintenance, expense of her marriage and/or share in any moveable and immoveable properties. An affidavit to this effect was also filed by the deponent.

5. That the Deponent also affirms and agrees that the deponent will not claim any right/share in the property of her mother i.e. respondent no. 2 herein."

Thus as the marriage between the petitioner and the respondent No.2 already stands dissolved vide a decree of divorce dated 7.6.2018 and children of the parties are majors, coupled with the statement of the respondent No.2, examined on 5.2.2020, there is no reason to disbelieve the statement of respondent No.2 that she has arrived at a settlement voluntarily of her own accord without any duress, pressure or coercion from any quarter, in as much as she is a graduate and states that she has made her statement after understanding its implications, it is considered appropriate to put a quietus to the litigation between the parties in relation to FIR No. 878/14, Police Station Rajouri Garden as it now subsist under Sections 323/506 of Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.10.2020 14:19 the Indian Penal Code, 1860, alone against the petitioner with other co-accused in the matter Jasmeet Singh having been discharged as observed vide order dated 5.2.2020, the FIR No. 878/14, Police Station Rajouri Garden as it now subsists under Sections 323/506 of the Indian Penal Code, 1860 is thus quashed.

ANU MALHOTRA, J OCTOBER 23, 2020/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:24.10.2020 14:19