Delhi High Court
Ravi Jain & Ors vs State (Govt Of Nct Of Delhi) & Anr on 25 August, 2015
Author: Siddharth Mridul
#8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 25.08.2015
+ W.P.(CRL) 1775/2015
RAVI JAIN & ORS ..... Petitioners
Through Mr. Amarjeet Singh, Advocate
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through Mr. Ankit Kumar Gulia for Mr. R.S.
Kundu, ASC (Crl.) for the State
SI Manoj Dahiya, P.S. Punjabi Bagh
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 Cr.P.C, 1973 seeking quashing of FIR No. 58/2014
under Sections 498A/406/34 IPC registered at Police Station- Punjabi Bagh
and the proceedings arising therefrom.
2. The facts in brief are that the petitioner No.1 was married to
respondent No.2 according to Hindu rites and ceremonies on 13th May, 2013
at Delhi. However, no child was born from the said wedlock. After the
marriage, the parties lived together as husband and wife in their matrimonial
home but owing to temperamental and ideological differences, they
separated from each other and have been living separately since 17th May,
2013. On a complaint lodged by respondent No.2, the subject FIR was
registered against the petitioners.
3. Counsel for the parties state that with the aid and assistance of the
Delhi Mediation Centre, Tis Hazari Courts, the parties have arrived at an
amicable resolution of their outstanding marital disputes. The terms and
conditions of the said settlement are encapsulated in the Settlement
Agreement/Memorandum of Understanding (MOU) dated 6th June, 2014,
annexed to the present petition as Annexure-B, are as follows:-
"1. The petitioner has agreed to pay a total sum of
Rs.5,00,000/- (Rupees Five Lakh only) towards the entire
istridhan, past, present and future maintenance as well as
similar claims of the respondent in respect of the present
marriage against the respondent.
2. It is further agreed between the parties that the petitioner
will seek quashing of the aforesaid FIR 58/2014 from the
Hon'ble High Court and the respondent has assured that
she will cooperate in getting FIR quashed from the Hon'ble
High Court.
3. That the parties have agreed that they will break this
matrimonial tie by filing appropriate proceedings under
Section 13(B) of HMA before the competent Court and the
petitioner will move the petition seeking divorce by mutual
consent. The first motion will be filed by the petitioner by
7th July, 2014. The petitioner will intimate the respondent
in writing to the effect and the respondent will putting the
signature on the said petition.
4. The petitioner will pay a sum of Rs.1,50,000/- to the
respondent at the time of recording the statement in the
petition filed under Section 13 (B) (1) HMA.
5. The second motion under Section 13(B) (2) of HMA
will also be filed by petitioner with prior intimation to the
respondent in this regard.
6. A sum of Rs.1,50,000/- will be paid by the petitioner by
the respondent at the time of recording the statement in
second motion before the concerned Court.
7. After getting a decree of divorce by mutual consent filed
by the parties, the petitioner will move before Hon'ble
High Court for getting the FIR no.58/2014 quashed by
Hon'ble High Court. The petitioner will inform the
respondent in this regard and the respondent will cooperate
and will appear before the Court concerned at the time of
hearing of the quashing proceedings and will cooperate in
this proceedings. The petitioner will pay a sum of
Rs.2,00,000/- (Rupees Two Lakh Only) at the time of
Statement before the Hon'ble High Court.
8. With the aforesaid settlement the dispute between the
parties will stand resolved.
9. It has also been agreed between the parties that this
settlement is full and final and both parties undertake not to
file any case/complaint/suit/petition against each other and
shall be entitled to lead their life independently and both
the parties shall not interfere in the life of each other and
family members of each other."
4. Counsel appearing on behalf of the parties state that in pursuance to
the said Settlement Agreement dated 6th June, 2014, a decree of divorce by
mutual consent has already been obtained from the competent Court. A sum
of Rs. 3 lakhs has already been paid to the respondent no. 2 by the petitioners
till date. The balance sum of Rs. 2 lakhs has been handed over to respondent
No.2 by way of two Demand Drafts dated 26th June, 2015 bearing Nos.
211105 and 211106 respectively for the sum of Rs. 1 lakh each drawn on
The Vaish Cooperative Adarsh Bank Ltd., Karol Bagh, New Delhi, in favour
of the respondent no. 2, in Court today. Respondent No.2 acknowledges
receipt thereof subject to its encashment.
5. Respondent No.2, who is present in Court and has been identified by
her counsel as well as the Investigating Officer i.e. SI Manoj Dahiya, Police
Station Punjabi Bagh, Delhi, states that in view of the settlement arrived at
between the parties, she is no longer keen to proceed with the subject FIR
and the proceedings emanating therefrom.
6. Since the dispute between the parties, which arose out of a
matrimonial discord between petitioner no. 1 and respondent no. 2, has been
settled amicably by way of a Settlement Agreement/MOU dated 6th June,
2014, without any undue influence, pressure or coercion; and since the
agreement between the parties is lawful, no useful purpose will be served by
proceeding with the subject FIR and the proceedings arising therefrom.
7. Resultantly, the FIR No. 58/2014 under Sections 498A/406/34 IPC
registered at Police Station- Punjabi Bagh and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
the petitioners depositing a sum of Rs. 10,000/- each with the Delhi High
Court Legal Services Committee within a period of two weeks from today.
Receipt thereof shall be provided to the Investigating Officer in the subject
FIR.
8. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
AUGUST 25, 2015
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