Delhi High Court
Chetan Arora & Anr vs State Of Nct Of Delhi & Anr on 23 December, 2015
#12
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23.12.2015
W.P.(CRL) 3085/2015
CHETAN ARORA & ANR ..... Petitioners
Through: Mr. Amulya Dhingra, Advocate
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Ms. Kamna Vohra, ASC (Criminal)
with SI Alok Kumar, PS- Sarai
Rohilla for R-1
Mr. Vinay Kumar Bhasin, Advocate
for R-2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.18915/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 3085/2015
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.905/2014, under Sections 498A/406/34 IPC,
registered at Police Station- Sarai Rohilla and the proceedings arising
therefrom.
2. The facts in brief are that on 11.06.2011 the petitioner No.1 married
respondent No.2 according to Hindu customs and ceremonies in Delhi. No
child was born out of the said wedlock. Owing to ideological and
temperamental differences the parties to the marriage have been living
separately since 13.10.2013. On a complaint filed by the respondent No.2
(wife) against her husband (petitioner No.1) and his mother, 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 Mediation Centre, Tis
Hazari Courts, Delhi. The settlement agreement dated 16.04.2015 is
annexed to this petition as Annexure P-3. The salient terms and conditions
of the said settlement agreement dated 16.04.2015 are as follows:-
"1) It is mutually settled between the parties that
petitioner and respondent No.1 shall
dissolve their marriage by decree of divorce
by mutual consent without leveling
allegations and counter-allegations against
each other in accordance with law before the
Court of competent jurisdiction.
2) It is settled that Sh. Chetan Arora,
respondent No.1 shall pay Rs.20,00,000/-
(Rupees Twenty Lakhs only) along with the
articles as per the admitted list by both the
parties to the petitioner, as full and final
settlement of the petitioner including all
claims of the petitioner past, present and
future arising out of the marriage with
accused which shall include permanent
alimony, maintenance and all other
miscellaneous expenses.
3) The settled amount of Rs.20,00,000/- shall
be paid in four installments by respondent
No.1 to the petitioner as follows:-
i) First installment of Rs.1,00,000/- shall
be paid today itself by way of cheque
bearing No.000664 dated 16.04.2015
drawn on Oriental Bank of
Commerce, Vishal Enclave,
Najafgarh Road, Delhi.
ii) Second installment of Rs.9,00,000/-
shall be paid at the time of recording
statements in First Motion Petition
U/s 13(B)(1) of Hindu Marriage Act
which shall be filed afresh by the
parties jointly on or before
15.05.2015.
iii) Third installment of Rs.5,00,000/- at
the time of recording statements in
Second Motion Petition U/s 13(B)(2)
of Hindu Marriage Act which shall be
filed by the parties jointly within one
month after the expiry of stipulated
period of six months.
iv) Fourth installment of Rs.5,00,000/-
shall be paid at the time of recording
statements in petition for quashing of
FIR No.905/14 PS: Sarai Rohilla, U/s
406/498A/34 IPC State vs. Chetan
Arora & Ors., which shall be moved
forthwith before the Hon'ble High
Court of Delhi within one month after
Second Motion. The petitioner shall
cooperate in quashing of the said FIR.
4. It is agreed that the petitioner shall withdraw
the present petition u/s 12 of D.V. Act from
the referral court on or before 15.05.2015
and at that time the respondent No.1 shall
return the articles as per the admitted list by
both the parties, annexed herewith as
'Annexure-A'.
5. It is settled that the respondent No.1 Chetan
Arora shall withdraw the divorce petition
titled as Chetan Arora vs. Sakshi Bhalla and
petitioner Sakshi Bhalla shall withdraw
petition u/s 18 of HMA, 1956 titled as
Sakshi Bhalla vs. Chetan Arora, both
pending in the Court of Sh. Dilbag Singh
Punia, Judge, Family Court, Tis Hazxari
Courts, Delhi on or before 15.05.2015.
6. It is settled that there shall remain no
case/claim/dispute due between the parties
after compliance of the terms of the present
settlement 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
either against the parties or against their
respective family members and whether it is
in the knowledge of other party or not, the
same shall be withdrawn/got disposed of by
the respective party.
7. The parties entered into the present
Settlement/Agreement out of their own free
will and consent, without any fear, coercion
or undue influence from any corner,
whatsoever.
8. The parties shall be bound by this settlement
and shall co-operate to execute this
settlement in every possible manner,
whatsoever."
4. In a nutshell it has been agreed by and between the parties that Anuj
Jain shall pay a sum of Rs.20,00,000/- to Sakshi Bhalla 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.15,00,000/- has already been received by the complainant. The
balance sum of Rs.5,00,000/- has been brought to the Court in the shape of a
Demand Draft bearing No.914640 dated 16.12.2015 drawn on Kotak
Mahindra Bank, Lower Parel, Mumbai, Delhi. The same is handed over to
the complainant in Court today who acknowledges receipt thereof subject to
its realization.
5. Sakshi Bhalla, respondent No.2/complainant, who is present in Court
and has been duly identified by IO SI Alok Kumar, Police Station- Sarai
Rohilla, 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.905/2014, under Sections 498A/406/34 IPC,
registered at Police Station- Sarai Rohilla and the proceedings arising
therefrom are hereby set aside and quashed qua both the petitioners subject
to their depositing a sum of Rs.10,000/- 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 23, 2015
dn
