Delhi High Court
Tejpal Garg & Anr. vs State Of Nct Of Delhi & Ors. on 30 July, 2009
Author: Gita Mittal
IN THE HIGH COURT OF DELHI
Crl.M.C. No.2618/2009 & Crl.M.A. No.8765/2009
Date of decision: 30th July, 2009
Tejpal Garg & Anr. ....Petitioner
through: Mr. Sanjay Gupta, Adv. for
petitioners with petitioners in
person.
VERSUS
State of NCT of Delhi & Ors. ....Respondents
through: Mr. Deepak, Adv. for respondent no.2 with
respondent no.2 in person.
Mr. U.L. Watwani, APP for the State SI
Veera Singh, PS Krishna Nagar.
WITH
Crl.M.C. No.1785/2009
Tejpal Garg & Anr. ....Petitioner
through: Mr. Sanjay Gupta, Adv. for
petitioners with petitioners in
person.
VERSUS
State of NCT of Delhi & Ors. ....Respondents
through: Mr. Deepak, Adv. for respondent no.2 with
respondent no.2 in person.
Mr. U.L. Watwani, APP for the State SI
Veera Singh, PS Krishna Nagar.
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
1. Whether reporters of local papers may be allowed to see
the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the Digest?
Contd.....P/2
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GITA MITTAL, J(Oral)
*
1. It appears that the marriage between Tejpal Garg and Kalpana
Gupta was solemnized in accordance with Hindu rites and ceremonies
on 17th November, 2003. These parties resided together as husband
and wife till 27th July, 2004. On account of certain disputes and
differences arising between them, Kalpana Gupta (arrayed as
respondent no.2 in both petitions) filed a private complaint dated 22nd
December, 2007 with the Deputy Commissioner of Police, East
District, Delhi against her husband Tejpal Garg, his brother Kishan Pal;
mother-in-law Saraswati Devi & Mr. Nitin Mittal, a cousin of her
husband.
2. A separate complaint under Section 190 read with section 200 of
the Criminal Procedure Code was also filed in Karkardooma Court,
Delhi seeking direction for registration of a case. Pursuant to the
directions made by the trial court on 24th December, 2004, the police
station Krishna Nagar registered FIR No.100/2005 under Section
307/315/34 IPC on the 4th March, 2005 against Shri Tejpal Garg and
Shri Nitin Mittal.
3. So far as proceedings in these cases are concerned, the police is
stated to have filed a chargesheet on 5th March, 2008 and the
Contd....P/3
-3-
case is pending in the Karkardooma court, Delhi.
4. So far as the complaint dated 30th September, 2004 of Smt.
Kalpana Gupta is concerned, police station Krishna Nagar registered
the same as FIR No.309/2005 on 1st August, 2005 under Sections 498-
A/406/34 of the Indian Penal Code against Tejpal Singh, his brother
Kishan Pal, mother Saraswati Devi as well as cousin Mr. Nitin Mittal.
Chargesheet in this case was filed on 10th December, 2005 and the
case is now stated to be pending before Ms. Sunena Sharma,
Metropolitan Magistrate, Karkardooma Court, Delhi. These two
petitions have been necessitated for the reason that it appears that
the parties were referred for mediation to the Mediation Centre at Tis
Hazari Court, Delhi. The parties arrived at settlement on 23rd May,
2009 whereby Kalpana Gupta agreed to receive an amount of
Rs.13,00,000/- in full and final settlement of all her claims of stridhan,
maintenance & alimony etc. She along with her husband agreed to
seek dissolution of marriage by decree of divorce by mutual consent
and parties also agreed to bring a quietus to the dispute by seeking
quashing of the pending criminal prosecution.
5. In this background, Shri Tejpal Garg and Shri Nitin Mittal have
filed Crl.M.(Main) No.152/2009 seeking quashing of the proceedings
Contd......P/4
-4-
arising out of FIR No.100/2005.
6. Shri Tejpal Garg and Shri Nitin Mittal along with Shri Kishan Pal
and Smt. Saraswati Devi filed Crl.M. (Main) No.2618/2009 seeking
quashing of the proceedings arising out of FIR No.309/2005.
Inasmuch as both cases raise identical questions of law and
facts. They are taken together for disposal.
7. Shri Tejpal Garg, Shri Kishan Pal as well as Ms.Kalpana Gupta are
present in court. The investigating officer Neera Singh is present who
identified the parties. The parties affirm the settlement arrived at
before the Mediation Centre on 23rd May, 2009 which has been placed
before this court. The respondent no.2 submits that out of a total sum
of Rs.13,00,000/-, she has already received a sum of Rs.9,00,000/-.
The balance amount of Rs.4,00,000/- is payable.
8. The petitioner no.1 as well as the petitioner nos.2 to 4 in
Crl.M.(Main) No.2618/2009 make a prayer that in view of the above,
no fruitful purpose would be served by keeping the criminal
prosecution pending.
9. Learned counsel for the petitioner has handed over the balance
amount by way of a bank draft in the sum of Rs.4,00,000/-. The
Contd....P/5
-5-
respondent no.2 undertakes that she will abide by Clause 2 of the
settlement and that she shall have this amount deposited in a fixed
deposit receipt in the name of her minor daughter baby Saniya.
10. As agreed between the parties, baby Sanya will remain in the
absolute and exclusive custody and guardianship of Smt. Kalpana
Gupta. The parties shall remain bound by this settlement without any
interference from any of the petitioners.
11. The parties have placed a photocopy of the decree dated 22nd
July, 2009 passed by Shri Nikhil Chopra, ADJ in HMA No.73/2009
whereby the marriage between Shri Tejpal Garg and Smt. Kalpana
Gupta stands dissolved by decree of divorce by mutual consent under
Section 13-B of the Hindu Marriage Act, 1955.
12. The respondent no.2 is also present and submits that she has to
raise the minor child singlehandedly and in view of the settlement,
does not wish to prosecute the two cases any further. A prayer is
made by and on her behalf that a quietus be brought to her so that
she can get on with her life.
13. On a consideration of the above, it would appear that the
settlement arrived at between the parties has been reached
voluntarily without any kind of force, pressure and is bona fide. The
Contd.....P/6
-6-
petitioners appear to have made arrangement for the minor daughter
of the respondent no.2 who is to be in the exclusive and absolute
guardianship of the mother. The petitioners also states that in view of
the settlement arrived at before the Mediation Centre and in view of
the dissolution of the marriage, they have no other or further claim
against the respondent no.2 or any of her family members.
14. A prayer is made seeking quashing of the prosecution before this
court which appears to be bona fide and in the interest of the
petitioners as well as society. The dispute between the parties arose
out of matrimonial matters and primarily of a private nature. The
parties deserve to be permitted to carry on with their lives without the
rigors of criminal prosecution hanging over them.
In this view of the matter, it is directed that the prosecution
arising out of FIR No.309/2005 registered by Police Station Krishna
Nagar, Delhi under Sections 498-A/406/34 IPC and FIR No.100/2005
registered by police station Krishna Nagar, Delhi under Sections
307/31/34 IPC shall hereby stand quashed.
Dasti.
July 30, 2009 Gita Mittal, J.
aa
