Delhi High Court
Vikram Singh vs State (Govt Of Nct Of Delhi) & Anr on 2 December, 2015
#10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 2nd December, 2015
+ W.P.(CRL) 2673/2015 and Crl. MA No. 17008/2015 (Exemption)
VIKRAM SINGH ..... Petitioner
Through Mr. Sachin K. Bansal, Advocate along
with petitioner
versus
STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through Mr. Ashish Aggarwal, ASC (Crl.)
Mr. Deepak Rao, Adv. for R-2 along
with respondent no. 2/complainant
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 the Code of Criminal Procedure, 1973 seeking
quashing of FIR No. 1011/2014 under Sections 406/498A IPC registered at
Police Station- Rajouri Garden, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner (husband) and respondent
No.2 (complainant-wife) were married to each other according to Hindu rites
and customs on 17th February, 2004 at Delhi. One minor daughter namely
Avishi has been born out of the said wedlock and the daughter is in the
custody of respondent no. 2. Owing to temperamental and ideological
differences between the parties to the marriage, they started living
separately. On a complaint instituted by respondent no.2 (wife), the subject
FIR was registered against the petitioner (husband).
3. Counsel for the parties state that with the aid and assistance of the
elders in the family, the parties to the union have arrived at an amicable
resolution of their matrimonial dispute culminating into a Compromise Deed
dated 31st October, 2015. The salient terms and conditions of the said
Compromise deed are as follows:-
"1. That it has been agreed that both the parties to this
Deed will part their ways peacefully without resorting to
any kind of disputes in future.
2. That it has been agreed that the First Party shall pay a
total sum of Rs. 13 lacs to Second Party towards all her
claims concerning past, present, future maintenance,
permanent alimony, stridhan items and jewellery etc. and
after the receipt of the aforesaid amount the Second Party
or her legal heirs will not be left with any type of claim
whatsoever.
3. That it has been agreed that both the parties to this Deed
will part their ways peacefully by filing the mutual divorce
petitions u/S 13B(I) and 13B(II) of H.M. Act and after that
both the parties to this Deed will not lodge any complaint
against each other or against their respective family
members.
4. That according to the terms and conditions of
compromise, the First Party shall pay the above said
amount of Rs. 13 lacs to Second Party in two installments
i.e. a sum of Rs. 1,00,000/- to Second Party at the time of
recording statement in Petition U/S 13B (II) of Hindu
Marriage Act and further First Party shall pay the balance
amount of Rs. 12 lacs to respondent no. 2 at the time of
tendering the statement in petition u/S3B (II) of Hindu
Marriage Act.
5. That it has further agreed between the parties that after
taking the divorce, the Second Party shall fully cooperate
in getting the FIR No. 1011/14 quashed by filing petition
u/S 482 Cr.P.C. before the Hon'ble Court of Delhi at New
Delhi.
6. That it has further settled between the parties that the
Second Party shall keep the custody of minor female child
Baby Avishi."
4. In a nutshell, it has been agreed by and between the parties to the
union that respondent no. 2/wife shall be paid a sum of Rs. 13 lakhs towards
all her claims against the petitioner past, present and future. The agreement
between the parties is lawful and the same is hereby accepted.
5. Counsel for the parties further state that pursuant to the said
Compromise deed dated 31st October, 2015, the entire sum of Rs. 13 lakhs
has been received by respondent no.2 (wife). Respondent no. 2(wife)
acknowledges the receipt thereof.
6. The petitioner (husband) who appears in Court today, offers to pay,
out of natural love and affection, an additional sum of Rs. 5 lakhs in a joint
account to be opened by the complainant (wife) along with her minor
daughter Avishi within a period of four weeks from today. This gracious
offer made on behalf of the petitioner (husband) is accepted and he is
directed to deposit the said amount as undertaken within a period of four
weeks from today.
7. In the present case, it is observed that pursuant to the settlement
arrived at between the parties to the union, a decree of divorce by mutual
consent has already been obtained by the parties from the concerned Family
Court.
8. Respondent No.2(wife)/complainant, who is present in Court and has
been identified by her counsel, states that in pursuance to the settlement
arrived at between the parties to the union, 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 and respondent no. 2 and resulted in the
registration of the subject FIR, has been settled amicably by way of a
Compromise deed dated 31st October, 2015 without any undue influence,
pressure or coercion; as the parties have obtained decree of divorce by
mutual consent; 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. 1011/2014 under Sections 406/498A IPC
registered at Police Station- Rajouri Garden, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioner.
11. With the above said directions, the writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 02, 2015
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