Singh Popli & Ors. Vs. Manmeet Kaur Popli & ANR.  INSC 1718 (10
ORIGINAL JURISDICTION TRANSFER PETITION (CRL) NO. 27 OF 2009 Harpreet Singh
Popli and others ...Petitioner (s) Versus Manmeet Kaur Popli and another
...Respondent(s) With TRANSFER PETITION (C) NO. 342 OF 2009 Manmeet Kaur
...Petitioner (s) Versus Harpreet Singh ...Respondent(s) ORDER
By this order, we are disposing of the aforementioned transfer
petitions, one of which has been filed by the husband, Shri Harpreet Singh
Popli and his relatives for transfer of criminal case arising out of FIR 2 No.443/2008
pending in the Court of Chief Judicial Magistrate, Meerut and the other has
been filed by the wife, Smt. Manmeet Kaur for transfer of divorce case being
H.M.A. Petition No. 51 of 2009, pending in the Court of District Judge, Tis
Hazari Courts, Delhi to Family Court, Meerut.
Shri Harpreet Singh Popli and Smt. Manmeet Kaur were married at
Delhi on 26.8.2007. They have no issue from the marriage. Within few months of
the marriage, serious differences arose between the husband and wife, which led
to filing of several civil and criminal proceedings, the details of which are
set out hereunder:
initiated by the wife :
being No. 443/2008 (Crime No. 564/2008) dated 30.10.2008, registered in the
Police Station Kankar Khera, Meerut, U.P., pending before the Chief Judicial
Magistrate, Meerut, Uttar Pradesh on the complaint of petitioner, against the
respondent and his family members;
Proceedings under Section 125 Cr.P.C., being Application No. 514 of 2008,
titled as "Manmeet Kaur v. Harpreet Singh", pending in the Family
Court, Meerut, U.P.;
Proceedings under Domestic Violence Act being Application No. 997/9/2008,
titled as "Manmeet Kaur
Singh", pending in the Court of ACJM(4), District Courts, at Meerut, U.P.;
Complaints filed with Delhi Commission for Women, dated 13.01.2009 and
Complaint dated 30.01.2009, filed with Chief Minister, Delhi and Department of
Law, Justice and Legislative 3 Affairs, Govt. of NCT of Delhi, against the
father of the respondent;
Complaint dated 28.01.2009, written to Senior Police Officials, against the
respondent and his family members; and vii. Transfer Petition being T.P.(Civil)
No. 342 of 2009, titled as "Manmeet Kaur v. Harpreet Singh" before
the Hon'ble Supreme Court of India.
initiated by the husband :
Transfer Petition being T.P.(Criminal) No. 27 of 2009, titled as "Harpreet
Singh and others v. Manmeet Kaur and others." Before the Hon'ble Supreme
Court of India; and ii. Divorce proceedings being H.M.A. No. 51 of 2009 titled
as "Harpreet Singh v. Manmeet Kaur" before the Tis Hazari Courts,
During the pendency of these petitions, the parties filed I.A. No.
3/2009 with the prayer that the transfer petitions be disposed of in terms of
the compromise/settlement arrived at between them on 13th June, 2009 and the
criminal proceedings arising out of FIR No. 443/2008 (Crime No. 564/2008)
pending in the Court of Chief Judicial Magistrate, Meerut may be quashed. A
photostat copy of the deed of settlement/compromise deed dated 13th June, 2009
has been filed with the I.A. and marked as Annexure-A. After some time, the
parties filed two more applications being I.A. No.5/2009 and I.A. No.6/2009. In
I.A. No.5/2009, which is supported by the affidavits of the husband and wife,
an additional prayer 4 has been made for quashing of all the proceedings
between the parties.
No.6/2009 is an application under Section 13-B of the Hindu Marriage Act, 1955
(for short `the Act') for dissolution of marriage by mutual consent. The same
is also supported by the affidavits of the husband and wife.
We have heard learned counsel for the parties and perused the
record of the two transfer petitions and I.A. Nos. 3 to 6 which, as mentioned
above, are supported by the affidavits of the husband and wife.
It is an
agreed position that in terms of the deed of settlement/compromise deed dated
13th June, 2009, the husband has paid a sum of Rs.13,50,000/- to the wife
towards full and final settlement by way of permanent alimony/maintenance etc.
It is also agreed that the parties have handed over articles mentioned in
Schedules I and II attached with Annexure-A.
Keeping in view the fact that there is no chance of reconciliation
between the parties and it is not possible for them to live together as husband
and wife and also the fact that they have amicably settled all their disputes
and are keen to put a quietus to all litigations between them so that they may
live peacefully hereafter, we deem it proper to entertain 5 their joint prayer
for grant of a decree of divorce by mutual consent and also for quashing the
proceedings initiated by the wife.
Accordingly, H.M.A. Petition No. 51 of 2009, pending on the file
of the District Judge, Tis Hazari Courts, Delhi is withdrawn to this Court and
a decree of divorce by mutual consent is passed in terms of Section 13B of the
Act by waiving the requirement of six months period specified in sub- section
The proceedings initiated by the wife, i.e. cases arising out of
(i) FIR No. 443/2008 (Crime No. 564/2008) dated 30th October, 2008 pending in
the Court of Chief Judicial Magistrate, Meerut, U.P., (ii) Application No. 514/2008
titled Manmeet Kaur v. Harpreet Singh under Section 125 Cr.P.C. pending in the
Family Court, Meerut, U.P., (iii) Application No. 997/9/2008 titled Manmeet
Kaur v. Harpreet Singh, under the Domestic Violence Act, 2005, pending in the
Court of Additional Chief Judicial Magistrate (4), Meerut, U.P., (iv)
Complaints filed with the Delhi Commission for Women dated 13.1.2009 and
2.2.2009 (v) Complaint dated 30.1.2009 filed with the Chief Minister, Delhi and
Department of Law, Justice and Legislative Affairs, Govt. of NCT of Delhi and
(vi) Complaint dated 28.1.2009 made to 6 the Senior Police officials against
the husband and his family members are quashed.
The transfer petitions are accordingly disposed of.
........................................J. [R.V. RAVEENDRAN]