Delhi High Court - Orders
Devinder Pal Singh & Anr vs The State & Anr on 9 November, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2519/2022 & CRL.M.A. 21958-21959/2022
DEVINDER PAL SINGH & ANR. ..... Petitioner
Through: Petitioner no.1 in person with Mr.
Rajat Aneja, Ms. Aparna Shukla &
Mr. Yash Gupta, Advocates.
versus
THE STATE & ANR. ..... Respondent
Through: Mr. Anand V. Khatri, ASC for State
with ASI Roop Kishore, Police
Station Vivek Vihar.
R-2 in person with Mr. Gaurav
Dubey, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 09.11.2022 CRL.M.A. 21958/2022 (Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 2519/2022 The petitioners, vide the present petition seek the quashing of the FIR No.84/2019, Police Station Vivek Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has been arrived at between the parties to the petition vide a settlement agreement W.P.(CRL) 2519/2022 Page 1 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.11.2022 17:23:30 This file is digitally signed by PS to HMJ ANU MALHOTRA.
dated 29.10.2021 arrived at the Delhi Mediation Centre, Tis Hazari Courts, Delhi; that the marriage between the petitioner no.1 and the respondent no.2 has since been dissolved vide a decree of divorce through mutual consent under Section 13B(2) of the HMA, 1955 in HMA No.1520/2022 vide decree dated 08.09.2022 of the Court of the learned Judge, Family Court (West), Tis Hazari Courts, Delhi; that the total settled sum of Rs.35,00,000/- has been paid to the respondent no.2 by the petitioner no.1 and no useful purpose would be served by the continuation of the proceedings qua the FIR in question.
The Investigating Officer of the case is present and has identified the petitioner no.1 Devinder Pal Singh present in Court and the petitioner no.2 Darshan Singh who has joined the proceedings through Video Conferencing as being the two surviving accused in FIR No.84/2019, Police Station Vivek Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860 and has also identified the respondent no.2 Ms. Sarabjeet Kaur as being the complainant thereof with it having been submitted to the effect that the other co-accused named Satwant Kaur has since expired, which aspect has also so affirmed by the respondent no.2 in her deposition on oath.
The Investigating Officer of the case has further stated that the FIR was also under Section 377 of the Indian Penal Code, 1860 against the petitioner no.1 and that so far the charge sheet has not been filed as the complainant did not come forth for the recording of her statement under Section 164 of the Cr.P.C., 1973 and furthermore, a settlement had been arrived at between the parties, qua which it has been submitted on behalf of the petitioners that the FIR, copy of which is on the record was registered W.P.(CRL) 2519/2022 Page 2 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.11.2022 17:23:30 This file is digitally signed by PS to HMJ ANU MALHOTRA.
only under Sections 498A/406/34 of the Indian Penal Code, 1860.
Undoubtedly, placed on record is the FIR registered only under Sections 498A/406/34 of the Indian Penal Code, 1860 but it also states to the effect:-
"....
He had tortured me from all comer by keeping me under detention in home for about last three years, committed sever sexual assault, serious whop and harassment. Apart of he treated me like whore and experimented unnatural sex relation with me forcibly and kept me whist for all above physically cruelty by keeping me on the point of knife.
..."
The respondent no.2 in her deposition on oath in replies to specific Court queries has affirmed having signed her affidavit dated 20.10.2022 and the settlement document dated 29.10.2021 arrived at between her and the petitioner no.1 at the Delhi Mediation Centre, Tis Hazari Courts, Delhi, qua which she states that she has signed both these documents voluntarily of her own accord without any duress, coercion or pressure from any quarter. She has also affirmed the receipt of the total settled sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs) from the petitioners, of which a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs) has been received by her previously and the balance sum of Rs.10,00,000/- (Rupees Ten Lakhs) has now been handed over to her by the petitioner no.1 during the course of the present proceedings vide a demand draft bearing no.431672 dated 06.10.2022 drawn on the Punjab National Bank in her favour and has stated that there are now no claims of hers left against the petitioners. She inter W.P.(CRL) 2519/2022 Page 3 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.11.2022 17:23:30 This file is digitally signed by PS to HMJ ANU MALHOTRA.
alia states that even qua the allegations that have been made in relation to unnatural sex by the petitioner no.1 against her as per the averments made in the FIR, she does not seek to proceed against the petitioner no.1 qua the commission of any offence under Section 377 of the Indian Penal Code, 1860.
The respondent no.2 has also affirmed the factum of dissolution of her marriage with the petitioner no.1 vide a decree of divorce through mutual consent under Section 13B(2) of the HMA, 1955 as aforementioned and has stated that there are two children i.e. one daughter namely Gurdiksha Kaur (DOB 04.03.1997) and one male child namely Sahibjit Singh (DOB 27.09.2000) born of the wedlock between her and the petitioner no.1, both of whom are major and that they reside with the petitioner no.1. The respondent no.2 has further stated that the FIR had been lodged by her against the petitioner nos. 1 & 2 as well as against Satwant Kaur who has since expired. She has further stated that she is a graduate and has understood the implications of the statement made by her and that she does not need to think again. She has further stated that in view of the settlement arrived at between her and the petitioners, she does not oppose the prayer made by the petitioners seeking the quashing of the FIR No.84/2019, Police Station Vivek Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860 nor does she want the petitioners to be punished in relation thereto nor does she seek any action against the petitioner no.1 under Section 377 of the Indian Penal Code, 1860.
The learned ASC for the State submits that though the matter emanates from a matrimonial discord, there are allegations against the W.P.(CRL) 2519/2022 Page 4 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.11.2022 17:23:30 This file is digitally signed by PS to HMJ ANU MALHOTRA.
petitioner no.1 qua the alleged commission of the offence punishable under Section 377 of the Indian Penal Code, 1860.
Taking into account the deposition of the respondent no.2 however into account and the factum that the FIR in question has apparently emanated from the matrimonial discord and there being no reason to disbelieve the statement made by the respondent no.2 that she has arrived at a settlement with the petitioner no.1 voluntarily of her own accord with all claims of the respondent no.2 having been settled as testified by her as well as taking into account the observations of this Court in CRL.M.C.4891/2019 titled as "Vinit Gupta & Ors. Vs. State & Anr." and in CRL.M.C.5290/2017 titled as "Mayank Bansal & Ors. Vs. The State Govt. of NCT of Delhi & Anr.", it is considered appropriate to put a quietus to the litigation between the parties in relation to the FIR i.e. FIR No.84/2019, Police Station Vivek Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860 against the petitioner nos. 1 & 2 and the FIR is also quashed in relation to all allegations that are levelled against the petitioner no.1 falling within the ambit of Section 377 of the Indian Penal Code, 1860.
The petition is disposed of accordingly.
ANU MALHOTRA, J NOVEMBER 9, 2022 nc W.P.(CRL) 2519/2022 Page 5 of 5 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.11.2022 17:23:30 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI Item no.7 W.P.(CRL) 2519/2022 DEVINDER PAL SINGH & ANR. versus THE STATE & ANR. 09.11.2022.
CW-1 ASI Roop Kishore, Police Station Vivek Vihar. ON S.A. I am the Investigating Officer of FIR No.84/2019, Police Station Vivek Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860.
There were three accused arrayed in the aforesaid FIR of whom one of them named Smt. Satwant Kaur, the mother-in-law of the complainant has since expired. I identify the petitioner no.1 Devinder Pal Singh present in Court and the petitioner no.2 Darshan Singh who has joined the proceedings through Video Conferencing as being the two surviving accused in the instant FIR and I also identify the respondent no.2 Ms. Sarabjeet Kaur as being the complainant thereof. The charge sheet has not been filed so far. During the course of investigation, there is no other offence found to have been committed. In view of the parties having arrived at a settlement and in view of the respondent no.2 not coming forth for recording of her statement under Section 164 of the Cr.P.C., 1973, the charge sheet has not been filed till date. The allegations under Section 377 of the Indian Penal Code, 1860 only relate to Mr. Devinder Pal Singh i.e. the petitioner no.1 arrayed to the present petition.
RO & AC ANU MALHOTRA, J
09.11.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:10.11.2022
17:23:30
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI Item no.7 W.P.(CRL) 2519/2022 DEVINDER PAL SINGH & ANR. versus THE STATE & ANR. 09.11.2022.
CW-2 Ms. Sarabjeet Kaur, D/o Shri Gurcharan Singh, aged 47 years, R/o 52, Vigyan Vihar, Delhi.
ON S.A. My affidavit dated 20.10.2022 and the settlement document dated 29.10.2021 arrived at between me and the petitioner no.1 at the Delhi Mediation Centre, Tis Hazari Courts, Delhi bear my signatures thereon, which I have signed voluntarily of my own accord without any duress, coercion or pressure from any quarter.
In terms of the said settlement agreement dated 29.10.2021, a total settled sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs) had been agreed to be paid to me by the petitioners, of which a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs) has been received by me previously and the balance sum of Rs.10,00,000/- (Rupees Ten Lakhs) has now been handed over to me by the petitioner no.1 during the course of the present proceedings vide a demand draft bearing no.431672 dated 06.10.2022 drawn on the Punjab National Bank in my favour. There are now no claims of mine left against the petitioners.
The marriage between me and the petitioner no.1 has already since been dissolved vide a decree of divorce through mutual consent under Section 13B(2) of the HMA, 1955 in HMA No.1520/2022 vide decree dated 08.09.2022 of the Court of the learned Judge, Family Court (West), Tis Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:10.11.2022 17:23:30 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Hazari Courts, Delhi. There are two children i.e. one daughter namely Gurdiksha Kaur (DOB 04.03.1997) and one male child namely Sahibjit Singh (DOB 27.09.2000) born of the wedlock between me and the petitioner no.1, both of whom are majors and they reside with the petitioner no.1. The FIR had been lodged against the petitioner nos. 1 & 2 as well as against Satwant Kaur who has since expired.
In view of the settlement arrived at between me and the petitioners, I do not oppose the prayer made by the petitioners seeking the quashing of the FIR No.84/2019, Police Station Vivek Vihar under Sections 498A/406/34 of the Indian Penal Code, 1860 nor do I want the petitioners to be punished in relation thereto nor do I seek any action against the petitioner no.1 under Section 377 of the Indian Penal Code, 1860.
I am a graduate.
I have made my statement after understanding its implications thereof voluntarily of my own accord without any duress, coercion or pressure from any quarter.
RO & AC ANU MALHOTRA, J
09.11.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:10.11.2022
17:23:30
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.