Rajesh Kumar & Ors. vs State & Anr.
2010 Latest Caselaw 415 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+                        Crl.M.C. No. 4275/2009

                         Reserved on: 00th January, 2010
                         Pronounced on: 25th January, 2010

#     RAJESH KUMAR & ORS.                 ..... PETITIONER
!                      Through: Mr. R.S. Gupta, Adv.
               Versus
$     STATE & ANR.                         ..... Respondent
^                           Through: Mr.O.P. Saxena, APP
*     CORAM:
      HON'BLE MR. JUSTICE V.K. JAIN

      1.    Whether the Reporters of local papers
            may be allowed to see the judgment?               No
      2.    To be referred to the Reporter or not?            No
      3.    Whether the judgment should be
            reported in the Digest?                           No

: V.K. JAIN, J.

1. This is a petition under Section 482 of the Code of

Criminal Procedure for quashing FIR No.903/2006 lodged at PS

Saraswati Vihar under Sections 498-A/406/34 IPC.

2. The complainant was examined on 15th December, 2009

and she stated that her marriage with petitioner No.1 had

already been dissolved by an award passed under Section 21 of

Delhi Legal Services Authorities Act, 1987 on 19 th of August,

2001. She has received a sum of Rs.1 lakh from petitioner No.1

in full and final settlement of all her claims. As per the

settlement, the child will remain with respondent No.2 and

petitioner No.1 will continue to pay Rs.1,500/- for maintenance

of the child till he attains the age of 21 years. The complainant

has requested that the FIR lodged by her at PS Saraswati Vihar

and the proceedings arising therefrom be quashed.

3. Since the parties have amicably settled all their disputes

and the marriage of petitioner No.1 with the complainant has

also been dissolved vide award dated 19.8.2007 passed by Lok

Adalat under Section 21 of the Legal Services Authorities, no

useful purpose would be served from continuing the criminal

proceedings that were initiated by the complainant. In fact,

continuance of criminal proceedings, despite settlement and

despite their marriage having been dissolved, would be a

hindrance in their leading rest of their life in a peaceful and

congenial atmosphere.

4. Section 19(5) of the Legal Services Authorities Act, 1987

reads a under:-

"19.(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of--

(i) any case pending before; or

(ii) any matter which is falling within the jurisdiction of, and is not brought before,

Any court for which the Lok Adalat is organized:

Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence no compoundable under any law."

5. Section 21 of the Act provides that every award of Lok

Adalat shall be deemed tobe a decree of the civil court or as the

case may be, an order of any other court. It further provides

that the award made by a Lok Adalat shall be final and binding

on all the parties to the dispute and no appeal shall lie to any

court against the award.

6. Considering the fact that the parties have amicably settled

their disputes and both of them have accepted and acted upon

the award passed by Lok Adalat, I need not, in this case, go into

the question as to whether the award passed by the Lok Adalat

dissolving the marriage by mutual consent is within the scope

of the jurisdiction conferred upon it or not.

7. For the reasons given in the preceding paragraphs, FIR

No.903/2006 lodged at PS Saraswati Vihar under Sections 498-

A/406/34 IPC and the proceedings arising therefrom are hereby

quashed.

8. The petition stands disposed of.

(V.K.JAIN) JUDGE JANUARY 25, 2010 bg