Delhi High Court
Jasbir Singh Panja Labana & Ors vs State Of Nct Of Delhi & Ors on 11 December, 2015
#36
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.12.2015
W.P.(CRL) 2913/2015
JASBIR SINGH PANJA LABANA & ORS ..... Petitioners
Through: Mr. Sameer Nandwani, Advocate
versus
STATE OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Rajesh Mahajan, ASC (Criminal)
with SI Suresh Kumar, PS- Delhi
Cantt for R-1
Counsel (appearance not given) along
with the respondent No.2/complainant
in person.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.18111/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2913/2015
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 (Cr.P.C.)
seeking quashing of FIR No.300/2012, under Sections 498-A/406 IPC,
registered at Police Station- Delhi Cantt., Delhi and the proceedings arising
therefrom.
2. Jasbir Singh Panja Labana and Satwant Kaur Lamba, petitioner No.1
and respondent No.2 respectively were married according to Sikh rites and
ceremonies on 20.12.2008. A male child namely, Harmeet Singh was born
out of the said wedlock. The child is stated to be in the custody of his
mother, the respondent No.2 herein. Owing to ideological and
temperamental differences the parties to the marriage have been living
separately since 2010. On a complaint filed by the respondent No.2 (wife)
against her husband (petitioner No.1) and his family members, the subject
FIR was registered.
3. Eventually better sense prevailed and the parties decided to settle all
their matrimonial disputes with the assistance of Delhi High Court Mediation
and Conciliation Centre. The settlement agreement dated 29.04.2014 is
annexed to this petition as Annexure P-2. The salient terms and conditions
of the said settlement agreement dated 29.04.2015 are as follows:-
"The following settlement has been arrived at
between the parties hereto:
a) That the First Party shall pay a sum of
Rs.17,00,000/- (Rupees Seventeen Lakhs Only)
to the Second Party in full and final settlement
of all her claims arising out of the present
disputes and all other disputes including
permanent alimony, stridhan/dowry articles,
maintenance past, present and future and on
receipt of this amount, the Second Party will be
left no claim against the First Party in any
manner whatsoever. Out of which
Rs.1,00,000/- already stands paid.
b) That the first party shall pay a sum of
Rs.2,50,000/- (Rupees Two Lakhs Fifty
Thousand Only) to the Second Party before the
Hon'ble Court on the next date of hearing i.e.
30.04.2014 by way of demand draft.
c) The parties have agreed that they shall seek
divorce by mutual consent and shall file the
necessary petition for recording of the
statement in the first motion before the
competent court in Delhi or Bhavnagar,
Gujarat.
d) That the parties have agreed to file the first
motion petition under Section 13(B)(1) of the
Hindu Marriage Act on or after 25.05.2014. At
the time of recording of the statement of the
parties in the first motion, the first party has
agreed to pay to the second party a sum of
Rs.3,50,000/- by way of demand draft.
e) The parties shall file the petition under Section
13(B)(2) of HMA before the Court concerned
within 15 days of the expiry of the period of six
months from the date of the first motion. At the
of recording of the statement of the parties in
the second motion the first party has agreed to
pay to the second party a sum of Rs.4,00,000/-
by way of demand draft.
f) That within 15 days from the grant of divorce,
the parties shall file the necessary petition
before the Hon'ble High Court of Delhi for
quashing of the FIR No.300/12 PS Delhi Cantt.
New Delhi under Sections 498A/406/34 IPC
lodged by the second party. The second party
shall sign all the necessary documents in this
regard and shall also appear before the Hon'ble
High Court to make the necessary statement
before the Hon'ble Court as and when required.
g) The first party has agreed to pay to the second
party, a sum of Rs.6,00,000/- at the time of
quashing of the above mentioned FIR and the
first party has agreed to pay a sum of
Rs.20,000/- per annum with regard to the
education expenses of the child. Any other
maintenance or amount qua the child shall be
paid by the first party out of his own sweet will.
h) The second party has filed the following
petitions:
i. Petition under Section 12 of the
Domestic Violence Act pending
before the Addl. Chief Judicial
Magistrate, Bhavnagar, Gujarat.
ii. Petition under Section 125 of the
Cr.P.C. pending before the Family
Court-II, Bhavnagar, Gujarat.
That the second party shall apply for withdrawal of
all the above petitions by June, 2014 after filing of
the first motion.
i) Both the parties agreed that the first party shall
have visiting right to the child namely Master
Harmeet Singh as he deems fit and desires.
j) On receipt of the total settled amount of
Rs.17,00,000/- by the second party, the second
party will not be left with any claims of any
nature including stridhan/dowry articles,
maintenance (past, present and future)
permanent alimony etc. whatsoever against the
first party or his relatives or in the property of
the first party both self acquired or ancestral."
4. In pursuance to the aforesaid settlement a sum of Rs.11,00,000/- has
already been received by respondent No.2 (wife) Satwant Kaur Labana. The
balance sum of Rs.6,00,000/- has been brought to the Court in the shape of a
Demand Draft bearing No.052407 dated 16.07.2015 in favour of Satwant
Kaur drawn on Central Bank of India, Delhi Cantt. and has been handed over
to the respondent No.2 (wife) in Court today. Satwant Kaur Labana, the
complainant-wife acknowledges receipt of the demand draft subject to
realization thereof. It is stated that pursuant to the settlement arrived at
between the parties, a decree of divorce my mutual consent has already been
obtained by the parties from the concerned Family Court.
5. Satwant Kaur Labana, respondent No.2/complainant, who is present in
Court and has been duly identified by IO SI Suresh Kumar, Police Station-
Delhi Cantt 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 arising therefrom.
6. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Consequently, FIR No.300/2012, under Sections 498-A/406 IPC,
registered at Police Station- Delhi Cantt., Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioners.
8. The petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 11, 2015
dn
