Delhi High Court
Anuj Jain An Ors vs State & Anr on 16 December, 2015
#29
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.12.2015
W.P.(CRL) 2956/2015
ANUJ JAIN AN ORS ..... Petitioner
Through: Mr. Ajay Tayal, Advocate
versus
STATE & ANR ..... Respondent
Through: Mr. Jamal Akhtar, Advocate for Mr.
Rahul Mehra, Standing Counsel
(Criminal) and SI Jagdeep Malim, PS-
Geeta Colony for R-1
Mr. Rajesh Jain, Advocate for R-2
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 (Cr.P.C.)
seeking quashing of FIR No.834/2014, under Sections 498A/406/34 IPC
registered at Police Station- Geeta Colony, Delhi and the proceedings
emanating therefrom.
2. The facts in brief are that on 29.10.2009 the petitioner No.1 married
respondent No.2 according to Hindu customs, rites and ceremonies in Delhi.
One female child, namely, Ananya Jain and one male child namely, Kartik
Jain were born out of the said wedlock on 15.07.2010 and 09.12.2011
respectively, who are in the care and custody of petitioner No.1 (husband).
Owing to ideological and temperamental differences the parties to the
marriage have been living separately since 15.11.2013. 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 Mediation Centre,
Karkardooma Courts, Delhi. The settlement agreement dated 19.12.2014 is
annexed to this petition as Annexure P-2. The salient terms and conditions
of the said settlement agreement dated 19.12.2014 are as follows:-
"1. It has been agreed between the parties that they
shall part their company from each other by
obtaining a decree of divorce by mutual consent
by filing a joint petition for divorce by mutual
consent within jurisdiction of Delhi.
2. It has been agreed between the parties that the
respondent/husband shall pay Rs.4,00,000/-
(Rupees Four Lacs only) to the complainant
against all her claims pertaining to this marriage
including istridhan, maintenance (present, past
or future) and permanent alimony etc.
3. It has been further agreed between the parties
that the abovesaid payment shall be made by the
respondent/husband to the petitioner by way of
cash/cheque/DD in the court concerned as per
the following manner:-
i) Rs.1,50,000/- (Rs. One Lac Fifty
Thousand Only) shall be payable at the
time of recording statement of the parties
at the first motion petition, which shall
be filed by the respondent/husband on or
before 31.01.2015. It is further agreed
that on the same day, the plaintiff shall
withdraw her above mentioned Civil Suit
from the court concerned.
ii) Rs.1,50,000/- (Rs. One Lac Fifty
Thousand only) shall be payable at the
time of recording statement of the parties
in the second motion petition, which
shall be filed within 15 days after the
expiry of stipulated period of six
months/as per law.
iii) Rs.1,00,000/- (Rs. One Lac only) shall
be payable at the time of recording
statement of the parties at the time of
quashing of FIR bearing No.834/14 PS
Geeta Colony, U/s 498A/406/34 IPC
before the Hon'ble High Court of Delhi
and the said petition shall be filed by the
respondent/husband within one month
after passing decree of divorce. It is
further agreed between the parties that
the complainant shall co-operate with the
respondents in Hon'ble High Court for
getting the above said FIR quashed.
4. It has been further agreed between the parties
that the custody of the children shall remain
with the respondent/husband in future also and
the complainant/mother shall meet them once in
a month as per the convenience of the children.
5. It has been further agreed between the parties
that parties to the above mentioned cases, no
other case, complainant or litigation is pending
between the parties and if in case any case,
complaint or litigation is found pending the
same shall be treated as settled/withdrawn by
virtue of this settlement.
6. It is further agreed that after this settlement,
both the parties shall be left with no claims
against each other of any nature whatsoever and
shall be free to live their lives independently
without interference of each other and shall not
claim any rights in any movable or immovable
property of the respondent/husband and vice-
versa and his family members and also both the
parties and their relatives shall not file any
case/litigation against each other in future.
7. It is agreed that both the parties have arrived at
the present settlement out of their free will and
consent without any force, compulsion or
coercion and they are signing the present
settlement after fully understanding the contents
of the same, which have also been read over to
them in vernacular.
8. It is agreed that both the parties undertake to
remain bound by the terms of settlement."
4. In a nutshell it has been agreed by and between the parties that Anuj
Jain shall pay a sum of Rs.4,00,000/- to Preeti Jain as full and final
settlement against stridhan, dowry articles, present, past, future maintenance
and permanent alimony etc. In pursuance to the aforesaid settlement, a sum
of Rs.3,00,000/- has already been received by the complainant. The balance
sum of Rs.1,00,000/- has been brought to the Court in the shape of a Demand
Draft bearing No.958259 dated 19.09.2015 drawn on Punjab National Bank,
Shakarpur, Laxmi Nagar, Delhi. The same is handed over to the
complainant in Court today who acknowledges receipt theeof subject to its
realization.
5. Preeti Jain, respondent No.2/complainant, who is present in Court and
has been duly identified by IO SI Jagdeep Malik, Police Station- Geeta
Colony, 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 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.834/2014, under Sections 498A/406/34 IPC
registered at Police Station- Geeta Colony, Delhi and the proceedings
emanating therefrom are hereby set aside and quashed qua all the petitioners
subject to their depositing a sum of Rs.2,000/- each with the Delhi High
Court Legal Services Committee within a period of two weeks from today.
The receipt of the said deposit shall be furnished to the concerned IO.
8. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 16, 2015
dn
