JASPAL SINGH Vs. STATE GOV NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0433/2022, dtd. 18/8/2022, registered at P.S Kirti Nagar under Sec. 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) The marriage between Petitioner No.1 and Respondent No.2 was solemnized on 22/1/1999 as per Sikh rites and ceremonies at Delhi. Two girls namely Simranjeet Kaur and Jaspreet Kaur were born out of the said wedlock and have attained the age of majority. It is submitted that due to temperamental differences, the couple started living separately since 17/1/2022. Thereafter, Respondent No.2 filed the following cases against the Petitioners:

(3.) During the proceedings, the parties amicably resolved their disputes in the Counselling Cell, Family Court, West, Tis Hazari Courts, Delhi vide a Settlement Deed dtd. 28/1/2025. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Sec. 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court-01, West, Tis Hazari Courts, Delhi on 7/3/2025 allowed the mutual divorce petition, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. The copy of the mutual divorce petition is annexed as Annexure P-10. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Deed including the payment of Rs.90,00,000.00 (Rupees Ninety Lacs) to the Respondent No.2 have been fulfilled as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dtd. 28/1/2025 has been placed on record as Annexure P-4.