Delhi High Court
Harveer Singh & Ors vs State & Anr on 28 August, 2015
Author: Siddharth Mridul
#35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28.08.2015
+ W.P.(CRL) 1873/2015
HARVEER SINGH & ORS ..... Petitioners
Through Mr. Amar Nath Saini, Advocate
versus
STATE & ANR ..... Respondents
Through Mr. Ashish Aggarwal, ASC (Crl.)
SI Anita Sharma, P.S. Keshav Puram
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 12553/2015 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 1873/2015
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. 315/2014
under Sections 498A/406/34 IPC registered at Police Station- Keshav Puram,
Delhi 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 4th February,
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 started living separately. On a complaint
instituted by respondent No.2, the subject FIR was registered against the
petitioner no. 1 and his family members.
3. Counsel for the parties state that with the intervention of elders in the
family and friends, the parties to the union have arrived at an amicable
resolution of their outstanding marital disputes. The terms and conditions of
the aforesaid settlement dated 20th June, 2014 are extracted in the present
petition in paragraph 5. The same are as follows:-
"1. That the petitioner no. 1 and the respondent no. 2 shall
seek divorce by way of mutual consent for dissolution of
marriage which has already taken place in the present case
vide judgment dated 04.04.2015.
2. That out of the settlement amount of Rs. 7,00,000/-, Rs.
2,33,333/- was agreed to pay at the time of first motion, Rs.
2,33,333/- at the time of making statement at the time of
second motion under Section 13B(2) HMA, 1955 and Rs.
2,33,333/- before the Hon'ble High Court of Delhi at the
time of quashing of the FIR bearing no. 315/2014 under
Sections 498A/406/34 IPC, Police Station Keshav Puram.
Whereas now only Rs. 2,33,333/- remains to be paid before
the Hon'ble High Court as divorce has already taken place
and Rs. 4,66,666/- has already been paid to the respondent
no. 2 by the petitioner no. 1."
4. Counsel appearing on behalf of the parties state that in pursuance to
the said Settlement Agreement dated 20th June, 2014, a decree of divorce by
mutual consent has already been obtained from the competent Court.
5. In a nutshell, it has been agreed by and between the parties to the
union that respondent no. 2/wife shall be paid a lump-sum of Rs. 7 lakhs
towards all her claims against the petitioners.
6. Respondent No.2/wife, who is present in Court and has been identified
by her counsel as well as the Investigating Officer i.e. SI Anita, Police
Station- Keshav Puram, Delhi, states in pursuance to the settlement, she
has already received two installments in the sum of Rs. 2,33,333/- each from
the petitioners.
7. The balance sum of Rs. 2,33,333 lakhs has been handed over to
respondent No.2 by way of a Demand Draft dated 27th August, 2015 bearing
No. 501225 drawn on the ICICI Bank, Connaught Place, New Delhi in
favour of the respondent no. 2, in Court today. Respondent No.2
acknowledges receipt thereof subject to its encashment.
8. Respondent No.2/wife further 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.
9. 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 dated 20th 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.
10. Resultantly, the FIR No. 315/2014 under Sections 498A/406/34 IPC
registered at Police Station- Keshav Puram, Delhi 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
Mother Teresa's Missionaries of Charity, Jeevan Jyoti Home, Opp. Sai
Hospital, Jangpura-B, Mathura Road, New Delhi-14, within a period of two
weeks from today. Receipt thereof shall be provided to the Investigating
Officer in the subject FIR.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
AUGUST 28, 2015/sd
