Delhi High Court
Pramod Bhatia And Ors. vs State And Anr. on 5 August, 2010
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2487/2010
Decided on 05.08.2010
IN THE MATTER OF :
PRAMOD BHATIA AND ORS. ..... Petitioners
Through: Ms. Geeta, Advocate with petitioners No.1
and 2 in person.
versus
STATE AND ANR. ..... Respondents
Through: Mrs. S. Kohli, APP for the State
Respondent No.2 in person.
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may No
be allowed to see the Judgment?
2. To be referred to the Reporter or not? No
3. Whether the judgment should be No
reported in the Digest?
HIMA KOHLI, J. (Oral)
1. The present petition is filed by the petitioners under Section 482
of the Cr.PC praying inter alia for quashing of FIR No.5/2008, lodged by
respondent No.2, the wife of petitioner No.1 and daughter-in-law of
petitioner No.2 under Sections 498A/406/34 IPC, registered with Police
Station: Hari Nagar.
2. It is stated in the petition that the marriage of petitioner No.1
and respondent No.2 was solemnised on 02.04.2001. There is no child from
out of the wedlock. Due to irreconcilable differences, the parties are living
separately since 03.08.2007. Initially, petitioner No.1 filed a petition under
Section 13(1)(i)(a) of the Hindu Marriage Act in September, 2007.
However, subsequently the parties arrived at a settlement in terms of which
they filed a joint petition for seeking divorce by mutual consent, which was
allowed vide judgment and decree dated 26.03.2010. Prior to the joint
petition filed for divorce by mutual consent, in the proceedings initiated by
petitioner No.1 for divorce against the respondent No.2, with the
intervention of the Court, the parties arrived at a negotiated settlement in
terms of which, it was agreed that apart from the sum of Rs.2 lacs paid by
the petitioners to the respondent No.2 at the time, when they applied for
seeking regular bail from the concerned Court, the petitioners shall pay a
sum of Rs.1,05,000/- to the respondent No.2 as full and final settlement of
all her claims against them. While a sum of Rs.55,000/- is stated to have
been paid before the learned Principal Judge, Family Courts, as recorded in
the order dated 26.03.2010, a demand draft for a sum of Rs.50,000/-
bearing No.284329 dated 07.07.2010 drawn on Punjab & Sindh Bank, Moti
Nagar Branch, in favour of respondent No.2 is handed over by the counsel
for the petitioners to the respondent No.2.
3. Respondent No.2, who is present in Court and identified by the
counsel for the petitioners, states that she has no further claim left against
the petitioners and has no objection to quashing of the aforesaid FIR as all
disputes between the parties stand amicably settled. Learned APP for the
State also states that in view of the settlement arrived at between the
parties, she has no objection to the prayer made in the present petition
being allowed.
4. This Court has perused the petition and the documents placed on
the record and has also interacted with the parties, who are present in
Court. There appears no legal impediment in accepting the settlement,
which appears to have been arrived at between the parties voluntarily and
without any pressure. The parties shall remain bound by the terms and
conditions thereof. No useful purpose shall be served by continuing with the
FIR in view of the aforesaid position. The present petition is accordingly
allowed. FIR No.5/2008 and all the proceedings arising therefrom, stand
quashed.
5. The petition is disposed of. File be consigned to the record room.
(HIMA KOHLI)
AUGUST 05, 2010 JUDGE
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