IN THE SUPREME COURT OF INDIA

CRIMINAL 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)

O R D E R  

1. 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

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.   

2. 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:

Proceedings initiated by the wife : i. FIR  being  No.  443/2008  (Crime  No.  563/2008)  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;

ii. 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.;   

iii. Proceedings  under  Domestic  Violence  Act  being  Application No.  997/9/2008,  titled as “Manmeet Kaur v.  Harpreet Singh”, pending in the Court of ACJM(4), District  Courts, at Meerut, U.P.;

iv. Complaints filed with Delhi Commission for Women, dated  13.01.2009 and 02.02.2009;

v. Complaint  dated  30.01.2009,  filed  with  Chief  Minister,  Delhi  and  Department  of  Law,  Justice  and  Legislative  

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Affairs, Govt. of NCT of Delhi, against the father of the  respondent;

vi. 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.

Proceedings initiated by the husband :

i. 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, Delhi.

3. 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.  

563/2008) 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  

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has been made for quashing of all the proceedings between the parties.  

I.A. 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.

4. 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.

5. 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  

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their joint prayer for grant of a decree of divorce by mutual consent and  

also for quashing the proceedings initiated by the wife.

6. 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 (2) thereof.

7. The proceedings initiated by the wife, i.e. cases arising out of (i) FIR  

No. 443/2008 (Crime No. 563/2008) 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  

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the Senior Police officials against the husband and his family members are  

quashed.

8. The transfer petitions are accordingly disposed of.

……………………………….…J. [R.V. RAVEENDRAN]

………………………………..J. [G.S. SINGHVI]

New Delhi November 10, 2009

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