Allowed

Paramjit Singh Gill & Ors. v. State & Anr.

Delhi HC12 Feb 2019CRL.M.C./779/2019

Case brief

AI extract

What is this about?

This court quashed the FIR registered under sections 498-A/406/34 IPC. Finding that the parties had mutually settled disputes, paid most of the agreed sum, and the marriage had been dissolved, the court held that no purpose would be served in continuing criminal proceedings. The remaining balance was paid via demand draft, leading to the quashing order.

What did the court decide?

FIR No. 219/2018 registered under sections 498-A/406/34 IPC and all proceedings emanating therefrom are quashed.

Paramjit Singh Gill & Ors. Vs State & Anr. — Cheque Dishonour | Delhi HC (2019)

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$~27

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 779/2019

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PARAMJIT SINGH GILL & ORS ..... Petitioners Through: Mr. Daya Ram & Ms. Vaishnavi, Advocates

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versus

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STATE & ANR. ..... Respondents Through: Mr. Kamal Kumar Ghai, APP with ASI Buta Ram, PS: Bhalswa Diary, Delhi

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CORAM:

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HON'BLE MR. JUSTICE CHANDER SHEKHAR

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O R D E R

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% 12.02.2019

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CRL.M.A.3163/2019

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Allowed, subject to all just exceptions. The application is disposed of.

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CRL.M.C. 779/2019

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The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.219/2018, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Bhalswa Dairy, Delhi and the proceedings emanating therefrom.

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The petitioners and their respective counsel as well as respondent No.2 submitted that the parties have settled their

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disputes on their own free will, without any force or coercion, vide Settlement dated 4.8.2018 before the Counselling Cell, Family Courts, Rohini, Delhi, in terms whereof the petitioner No.1 had to pay Rs.5,00,000/- to the respondent No.2. It is further submitted that out of Rs.5,00,000/-, an amount of Rs.4,00,000/- has already been paid to respondent No.2. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 15.12.2018.

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Respondent No.2, who is present in Court with her mother, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the amount of Rs.1,00,000/- to her, which is required to be paid as per the Settlement arrived at between the parties.

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Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.797959, dated 8.2.2019, drawn on Allahabad Bank, for an amount of Rs.1,00,000/-, which has been handed over to the respondent No.2 today in the Court.

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The Investigating Officer (‘IO’), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the Settlement arrived at between the parties.

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In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 219/2018, under Sections 498-A/406/34 of the IPC, registered at P.S.: Bhalswa Dairy, Delhi and the proceedings emanating therefrom are quashed.

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Petition is disposed of in above terms.

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CHANDER SHEKHAR, J

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FEBRUARY 12, 2019 tp

Paramjit Singh Gill & Ors. v. State & Anr.

Case brief

What is this about?

What did the court decide?

Paramjit Singh Gill & Ors. v. State & Anr.

Case brief

What is this about?

What did the court decide?

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