Delhi High Court
Nikhil Kundra & Ors vs The State Of Delhi & Ors on 12 August, 2015
Author: Siddharth Mridul
#32
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.08.2015
W.P.(CRL) 1690/2015
NIKHIL KUNDRA & ORS ..... Petitioners
Through: Mr. Subhash Chand, Advocate
versus
THE STATE OF DELHI & ORS ..... Respondents
Through: Ms. Kamna Vohra, ASC (Criminal)
for R-1 & R-3 with WSI Madhvi
Bisht, Special Staff, East District,
Delhi
Mr. Rajeev Kumar, Advocate for R-2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with section 482 of Cr.P.C., 1973 seeking quashing of FIR
No.491/2011, under sections 498-A/406 IPC, registered at Police Station-
Jagat Puri, Delhi and the proceedings arising therefrom.
2. Briefly encapsulated the facts are that the petitioner No.1 (husband)
and respondent No.2 (wife) were married according to Hindu rites and
customs on 02.06.2010 in Delhi. One female child, namely, Baby Anshika
was born out of the said wedlock on 09.06.2011 who is in the care and
custody of respondent No.2 (wife). Due to ideological differences and
misunderstandings the respondent No.2 filed a complaint which has
fructified into the subject FIR. The petitioners, who are the husband and
mother-in-law and the respondent No.2 were referred to the Mediation
Centre, Tis Hazari Courts, Delhi by the Sessions court. With the aid and
assistance of the Mediation Centre, the parties have arrived at an amicable
resolution of their matrimonial dispute, inter alia, on the following terms and
conditions:-
"12. The parties have settled their dispute on the
following terms and conditions:
(i) On account of the maintenance,
permanent alimony or any other
claim (present, past or future) of the
complainant and baby Anshika, the
petitioner has agreed to pay a full and
final settlement amount, amounting
to Rs.3,50,000/- (Rupees Three Lacs
Fifty Thousand Only) to the
complainant.
(ii) The custody of child baby Anshika
shall remain with the complainant
only and the petitioner shall have no
right, claim or interest against baby
Anshika.
(iii) The parties shall withdraw the cases
filed by them against each other.
Accordingly, the complainant shall
withdraw her case filed under
Domestic Violence Act, within one
week from the date of this settlement.
The petitioner shall also withdraw his
case for restitution of conjugal rights
within one week from the date of this
settlement.
(iv) The parties shall jointly file a petition
for dissolution of marriage by
seeking divorce by mutual consent
within 15 days from the date of this
settlement. The petitioner shall pay
Rs.1,50,000/- (Rupees One Lakh
Fifty Thousand Only) to the
complainant at the time of recording
of statement in the First Motion of
the Mutual Consent Divorce Petition.
(v) The parties shall move the Second
Motion in the Mutual Consent
Divorce Petition at the earliest. The
petitioner shall pay the remaining
Rs.1,00,000/- (Rupees One Lakh
Only) to the complainant at the time
of recording of statement in the
Second Motion.
(vi) That within 15 days from the date of
recording of statement in the Second
Motion of Mutual Consent Divorce,
the complainant shall relinquish her
share in property bearing No.B-35,
Ground Floor, Gopal Park, Krishna
Nagar, Delhi-51 in favour of the
petitioner or any other person by
executing relinquishment/Gift Deed
or any other document or by any
other mode. Thereafter, the
complainant shall have no right, title
or interest in the aforesaid property.
(vii) That within 15 days from the date of
execution of relinquishment/Gift
Deed or any other document, qua
property bearing No. B-35, Ground
Floor, Gopal Park, Krishna Nagar,
Delhi-5, the petitioner shall file a
petition for quashing of FIR bearing
No.491 dated 02.10.2011 in the High
Court of Delhi and the complainant
shall give her affidavit in form of No
Objection in this petition. The
petitioner shall pay the balance sum
of Rs.1 lakh to the complainant at the
time of recording of her statement in
quashing petition in the High Court
of Delhi."
3. Counsel appearing on behalf of the parties state that a sum of
Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand) has already been
received by the respondent No.2 in terms of the settlement agreement dated
17.09.2012. The balance sum of Rs.1,00,000/- (Rupees One Lakh) has been
handed over in cash to the respondent No.2 in Court today. The respondent
No.2, who is present in person and has been identified by IO WSI Madhvi
Bisht, Special Staff, East District, Delhi, states that in view of the settlement
agreement dated 17.09.2012, she does not now wish to proceed with the
subject FIR and the proceedings arising therefrom.
4. Since the dispute between the parties which arose out of the
matrimonial differences has been amicably resolved without any undue
influence, pressure or coercion, no useful purpose will be served by
proceeding with the subject FIR and the proceedings arising therefrom.
Resultantly, the subject FIR No.491/2011, under sections 498A/406 IPC,
registered at Police Station- Jagar Puri, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their depositing a sum of Rs.5,000/- each with the Delhi High Court Legal
Services Committee within a period of two weeks from today. A receipt
thereof shall be furnished to the concerned IO in the subject FIR.
5. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
AUGUST 12, 2015
dn
