#45
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29.01.2016
W.P.(CRL) 303/2016
VIJENDER KUMAR @ DINESH KUMAR & ORS ..... Petitioners
Through: Mr. Amitesh Pandey, Advocate
versus
THE STATE & ANR ..... Respondents
Through: Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel (Criminal) with ASI Naresh Kumar, PS- Aman Vihar CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J (ORAL) CRL.M.A.1611/2016 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly. W.P.(CRL) 303/2016
1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.0281/2014, under Sections 498A/406/34 IPC, W.P.(CRL) 303/2016 Page 1 of 5 registered at Police Station- Aman Vihar, Delhi and the proceedings arising therefrom.
2. The facts in brief are that on 08.02.2012 Vijender Kumar (petitioner No.1 herein) married Archana @ Rachna (respondent No.2/complainant herein) according to Hindu customs and ceremonies in Delhi. No child was born out of the said wedlock. Owing to ideological and temperamental differences the parties to the marriage have been living separately since 27.03.2013. On a complaint filed by Archana against her husband Vijender Kumar and his family members, the subject FIR was registered.
3. Eventually, better sense prevailed and the parties decided to settle all their matrimonial disputes with the assistance of Family Courts, Rohini, Delhi. The settlement agreement dated 27.10.2014 is annexed to this petition as Annexure B (Colly). The salient terms and conditions of the said settlement agreement dated 27.10.2014 are as follows:-
"Joint Statement of Shri Vijender Kumar @ Dinesh Kumar S/o Sh. Rajesh Kumar, aged about 25 years, R/o F-790, Mangol Puri, Delhi-110083, Petitioner Smt. Archana @ Rachna W/o Shri Vijender Kumar @ Dinesh Kumar, aged about 23 years, R/o U Block, House No.310, 40 Futa Road, Near Dispensary, Prem Nagar, Delhi-110086, Respondent W.P.(CRL) 303/2016 Page 2 of 5 On SA We have resolved our matrimonial disputes and differences including stridhan, maintenance - past, present and future, permanent alimony amicably today in the Court. We have decided to dissolve our marriage by mutual consent.
I, Vijender Kumar @ Dinesh Kumar, have agreed to pay a sum of Rs.1 lac and some articles to my wife towards full and final settlement of all her claims including stridhan, maintenance - past, present and future and permanent alimony etc. I shall return the articles as mentioned in list Mark-A, to my wife on or before 20.11.2014. I shall pay a sum of Rs.35,000 to my wife at the time of first motion which shall be file don or before 20.11.2014. I shall further pay a sum of Rs.35,000/- to my wife at the time of second motion which shall be filed after expiry of statutory period of six months from the date of first motion. I shall pay the balance amount of Rs.30,000/- to my wife at the time of quashing of FIR No.281/14, u/s 498A/406 IPC, PS Aman Vihar before the Hon'ble High Court of Delhi.
I, Archana @ Rachna, have agreed to accept Rs.1 lac and some articles towards full and final settlement of all my claims including stridhan, maintenance- past, present and future and permanent alimony etc. It is correct that my husband shall return the articles as mention in list Mark-A to me on or before 20.11.2014. It is correct that my husband shall pay me a sum of Rs.35,000/- at the time of first motion which shall be filed on 20.11.2014. It is correct that my husband shall further pay me a sum of Rs.35,000/- at the time of second motion which shall be filed after expiry of statutory period of six months from the date of first motion. It is correct that my husband shall pay me the balance amount of Rs.30,000/- at the time of quashing of FIR No.281/14, u/s 498A/406 IPC PS Aman Vihar before the Hon'ble High Court of Delhi . I shall cooperate with my husband W.P.(CRL) 303/2016 Page 3 of 5 in quashing of the said FIR before the Hon'ble High Court of Delhi.
We have agreed that we shall not file any litigation - criminal or civil against each other and our respective family members qua this marriage in any court of law or authority in future. We shall be bound by our statement. We pray that the petition be disposed of as compromised."
4. In a nutshell, it has been agreed by and between the parties to the union that Vijender Kumar shall pay to Archana a total sum of Rs.1,00,000/- (Rupees One Lakh Only) along with some articles towards all her legal entitlements past, present and future and permanent alimony arising out of the marriage. In pursuance thereof, a sum of Rs.75,000/- (Rupees Seventy Five Thousnad Only) has already been received by Archana. The balance sum of Rs.25,000/- (Rupees Twenty Thousand Only) has been brought to the Court in cash. The same is handed over to Archana, the complainant herein in Court today, who acknowledges receipt thereof. The parties have already obtained a decree of divorce by mutual consent from the concerned Family Court by way of order dated 12.10.2015.
5. Archana, respondent No.2/complainant, who is present in Court and has been identified by IO ASI Naresh Kumar, Police Station- Aman Vihar states that in view of the settlement arrived at between the parties, she is no W.P.(CRL) 303/2016 Page 4 of 5 longer keen to proceed with the subject FIR and the proceedings arising therefrom.
6. In view of the foregoing, since the dispute which resulted in the registration of the subject FIR has already been resolved amicably by the parties without any undue influence, pressure or coercion, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.
7. Consequently, FIR No.0281/2014, under Sections 498A/406/34 IPC, registered at Police Station- Aman Vihar, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners.
8. The writ petition is disposed of accordingly.
9. No costs.
SIDDHARTH MRIDUL, J JANUARY 29, 2016 dn W.P.(CRL) 303/2016 Page 5 of 5