Delhi High Court
Ravinder & Ors vs State ( Nct Of Delhi) & Anr on 16 December, 2015
#28 & 45
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.12.2015
W.P.(CRL) 2921/2015
OM PRAKASH & ORS ..... Petitioners
Through: Mr. Jagdeep Tomar, Advocate
versus
STATE ( NCT OF DELHI ) & ANR ..... Respondents
Through: Mr. Ashish Aggarwal, ASC
(Criminal) with Mr. Piyush Singhal,
Advocate and SI Ashish Tyagi, PS-
Nihal Vihar for R-1
Mr. Jaideep Malik, Advocate for R-2
W.P.(CRL) 2922/2015
RAVINDER & ORS ..... Petitioners
Through: Mr. Jaideep Malik, Advocate
versus
STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Ms. Nandita Rao, ASC (Criminal)
with SI Ashish Tyagi, PS- Nihal Vihar
for R-1
Mr. Jagdeep Tomar, Advocate for R-2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.18203/2015 (Exemption) in W.P.(CRL) 2922/2015
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
CRL.M.A.18202/2015 (Delay in Refiling) in W.P.(CRL) 2921/2015
CRL.M.A.18204/2015 (Delay in Refiling) in W.P.(CRL) 2922/2015
For the reasons stated in the applications, the delay in refilling the writ
petitions is condoned.
The applications are disposed of accordingly.
W.P.(CRL) 2921/2015 & W.P.(CRL) 2922/2015
1. The present are petitions under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter
referred to as 'the Code') seeking quashing of cross FIRs, one FIR bearing
No. 158/2014, under Sections 308/342/34 IPC, registered at Police Station-
Nihal Vihar, Delhi and the other FIR bearing No.160/2015, under Sections
323/452/354/427/34 IPC, also registered at Police Station- Nihal Vihar,
Delhi and the proceedings arising therefrom.
2. The parties along with their counsel have been heard and both the
petitions are being disposed of by this common order.
3. The subject FIRs were registered as a consequence of a matrimonial
dispute between the family of the complainants in the respective FIRs.
Jonny, who is the complainant in FIR No.158/2015 is the brother of Renu,
who is the former daughter-in-law of Sushila Devi, the complainant in the
other FIR No.160/2014. Renu and her husband have since obtained a decree
of divorce by mutual consent by way of order dated 26.11.2014 passed by
the concerned Family Court, Tis Hazari Courts, Delhi. The subject FIRs
came to be registered on an altercation between the two sides when Jonny
interceded on behalf of Renu with the family of Sushila Devi at the latter's
residence.
4. The complainants in the subject cross FIRs namely, Jonny and Sushila
Devi, who are present in person in Court, state that with the intervention of
elders, relatives, friends and with the assistance of the Mediation Centre, Tis
Hazari Courts, Delhi, the entire substratum of the dispute that led to the
registration of the subject FIRs has been amicably settled. It is, therefore,
prayed that the subject FIRs may be set aside and quashed. The salient terms
and conditions of the settlement dated 27.03.2014 is as follows:-
"1. It is agreed that the wife and husband shall
dissolve their marriage by decree of divorce by
mutual consent without leveling allegations and
counter-allegations against each other in
accordance with law.
2. It is agreed that the husband shall pay
Rs.13,50,000/- (Rupees Thirteen Lakhs and
Fifty Thousand Only) to the wife towards her
all legal entitlements past, present and future
arising out of the marriage with husband which
shall include permanent alimony, maintenance,
istridhan including jewellery and all other
miscellaneous and legal expenses.
3. It is agreed that out of the total settled amount
of Rs.13,50,000/-, the husband shall pay
Rs.3,00,000/- (Rupees Three Lakhs only) to the
wife today itself by way of cheque bearing
No.417943 before the court of Sh. V.K. Bansal,
ASJ (FTC), West, Tis Hazari Courts, Delhi.
4. It is agreed that the wife and the husband shall
initiate appropriate legal proceedings before the
Court of competent jurisdiction at Tis Hazari
Courts for recording of First Motion in the first
week of December, 2014. It is further agreed
that at the time of recording of First Motion the
in the first week of December, 2014. It is
further agreed that at the time of recording of
First Motion the husband shall pay
Rs.3,50,000/- (Rupees Three Lakhs Fifty
Thousand only) by way of PDC bearing
No.417944 dated 03.12.2014 drawn on the
Delhi State Co-operative Bank Ltd., New Delhi
to the wife which is handed over today itself.
5. It is agreed that husband and wife shall initiate
appropriate legal proceedings for recording of
Second Motion before the Court of competent
jurisdiction at Tis Hazari Courts in accordance
with law. It is further agreed that at the time of
recording of second motion and dissolution of
marriage by decree of divorce by mutual
consent, the husband shall pay Rs.3,50,000/-
(Rupees Three Lakhs Fifty Thousand only) by
way of PDC bearing No.417945 dated
03.06.2015 drawn on the Delhi State Co-
operative Bank Ltd., New Dehli to the wife
which is handed over today itself.
6. It is agreed that the accused persons shall
initiate appropriate legal proceedings for
quashing of FIR bearing No.158/14 & 160/14
u/s 308/342/34 IPC & u/s 323/452/354/427/34
IPC respectively, P.S. Nihal Vihar within one
month after the dissolution of marriage and at
that time the husband shall pay Rs.3,50,000/-
(Rupees Three Lakhs Fifty Thousand only) by
way of PDC bearing No.417946 dated
03.07.2014 drawn on the Delhi State Co-
operative Bank Ltd., New Delhi to the wife
which is handed over today itself. It is further
agreed that wife shall co-operate for the same.
7. It is further agreed that the concerned parties in
FIR bearing No. 158/14 & 160/14 u/s
308/342/34 IPC & u/s 323/452/354/427/34 IPC
respectively P.S. Nihal Vihar shall not oppose
the respective bail applications filed by the
opposite parties.
8. The wife is presently residing in property
bearing No.72, out of Khasra No.15/22/2,
measuring 60 Sq. Yards situated in the area of
village Saffipur, Ranhola, Abadi known as
Ranhola Village, Nangloi, New Delhi-110041.
The said property belongs to Kavita, who is
sister in law of wife. It is agreed that wife shall
hand over the peaceful vacant possession today
itself i.e. 27.03.2014 to Kavita.
9. It is agreed that the wife shall withdraw the
present petition u/s 12 of D.V. Act as well as
the complaint pending before the CAW Cell
mentioned hereinabove on their respective next
date of hearing.
10. The wife and the husband with the assistance of
their respective counsels shall cooperate in the
execution of the terms and conditions of this
settlement.
11. It is settled that after compliance of the terms of
the present settlement, there shall remain no
dispute due between the parties arising out of
the said marriage and that none of the parties
shall file any civil or criminal proceedings
against each other in future and that if any other
case/petition/complaint etc. between the parties
is pending in any Court or Authority, the same
shall be withdrawn/got disposed of by the
respective party.
12. The parties have settled their dispute out of their
own free will, without any fear, force, coercion
or undue influence from any side."
5. The agreement entered into between the parties is lawful and has been
acted upon. Inter alia, it has been agreed by and between the parties that as
a consequence of the above said settlement agreement, the cross-FIRs
registered by them against each other shall be set aside and quashed and for
this they will approach this Court for setting aside and quashing the subject
FIRs. The present petitions are a consequence thereof.
6. Since the marital dispute, as a consequence of which the subject FIRs
came to be registered, have been amicably settled between the parties,
without any undue influence, pressure or coercion, no useful purpose shall be
served by proceeding with the subject FIRs and the proceedings arising
therefrom.
7. In view of the foregoing, the complainants in the subject FIRs namely
Jonny and Sushila Devi, who are present in Court and have been identified
by their respective counsel as well as the Investigating Officer SI Ashish
Tyagi, Police Station- Nihal Vihar state in unison that in view of the
amicable resolution of all their outstanding disputes, they are no longer keen
to proceed with the subject FIRs and the proceedings arising therefrom.
8. In view of the foregoing, no useful purpose will be served by
proceeding with the subject FIRs.
9. Resultantly, FIR bearing No. 158/2014, under Sections 308/342/34
IPC, registered at Police Station- Nihal Vihar, Delhi and the other FIR
bearing No.160/2015, under Sections 323/452/354/427/34 IPC, also
registered at Police Station- Nihal Vihar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
each one of them depositing a sum of Rs.2,000/- with the Delhi High Court
Legal Service Committee within a period of two weeks from today. A copy
of the receipt thereof shall be furnished to the Investigating Officer in the
subject FIR namely SI Ashish Tyagi, Police Station- Nihal Vihar, Delhi.
10. With the above said directions, the present writ petitions are allowed
and disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 16, 2015
dn
