Delhi High Court
Paramvir Singh & Ors vs State ( Delhi Administration) & ... on 6 November, 2015
#9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 6th November, 2015
+ W.P.(CRL) 1320/2015
PARAMVIR SINGH & ORS ..... Petitioners
Through Mr. Sanjay Suri, Advocate along with
petitioner no. 1
versus
STATE ( DELHI ADMINISTRATION) & ANR ..... Respondents
Through Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Amrit Singh, Advocate
ASI Manju, P.S. Bindapur
Respondent no. 2/Complainant in-
person
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. 408/2014 under Sections 406/498A/34 IPC registered at
Police Station- Bindapur, Delhi and the proceedings arising therefrom.
2. The petitioner no. 1 (husband) and respondent no. 2 (wife) are present
in Court and state that with the aid and assistance of counsel for the parties,
the parties to the union were able to arrive at an amicable resolution of their
outstanding matrimonial dispute which fructified into a Memorandum of
Understanding dated 10th September, 2015. The terms and condition of the
said Memorandum of Understanding dated 10th September, 2015 were
encapsulated in the order dated 10th September, 2015 of this Court and the
same are reiterated hereinbelow:-
"xxxx
The said memorandum of understanding dated 10.09.2015 is
taken on record and is exhibited with this order as Ex.C-1.
In a nutshell it has been agreed by and between the applicant
husband and the complainant wife that the former shall pay
to the latter a sum of Rs. 9 lacs in the aggregate towards all
her claims qua the dissolution of the aforesaid marriage. The
payments shall be deferred and are linked to various
milestones as under:
STAGE AMOUNT
At the time of settlement on Rs.3,00,000/- (Rupees Three
10.09.2015 before the Hon'ble Lakhs only)
High Court of Delhi in
Crl.W.P.No. 1320 of 2015
At the time of recording of Rs.4,00,000/- (Rupees Four Lakhs
statement of parties before the Only)
Ld. ADJ Ludhiana Court
OR
Rs. 2,00,000/- at the time of
recording of statements U/S
13(b)(i) HMA and Rs.2,00,000/-
at the time of recording of
statements U/S 3(b)(ii) HMA.
At the time of Quashing of FIR Rs.2,00,000/- (Rupees Two Lakhs
No.408/14 P.S. Bindapur, U/S Only)
498A/406/34 IPC before the
Hon'ble High Court of Delhi at
New Delhi
In pursuance to the aforesaid memorandum of
understanding dated 10.09.2015 a sum of Rs.2 lacs by way
of demand draft No.222422 drawn on Bank of Baroda and a
sum of Rs.1 lac in cash has already been handed over to the
complainant wife. The complainant wife acknowledges
receipt thereof subject to encashment of the demand draft.
The agreement entered into by and between the parties is
lawful. The parties shall now abide by the terms thereof."
3. Counsel appearing on behalf of the parties state that pursuant to the
said Memorandum of Understanding dated 10th September, 2015, a sum of
Rs. 5 lakhs has already been received by respondent no.2 (wife).
4. Counsel appearing on behalf of the petitioners states that as per the
milestone payments as agreed by and between the parties, a sum of Rs. 2
lakhs has been brought to the Court in the shape of Demand Draft dated 5 th
November, 2015 bearing No. 222439 drawn on Bank of Baroda, Clock
Tower Branch, Ludhiana - 141008, Punjab, in favour of respondent no.
2(wife) herein. Respondent No.2 (wife) acknowledges receipt thereof
subject to its encashment.
5. The respondent no. 2/complainant (Wife) states that out of the sum of
Rs. 9 lakhs, a total sum of Rs. 7 lakhs has been received by her till date.
6. Learned counsel appearing on behalf of the petitioners states that the
balance sum of Rs. 2 lakhs shall be paid to respondent no. 2(wife) at the time
of recording of statements of parties under Section 13(B)(ii) of Hindu
Marriage Act, 1955 before the concerned Magistrate at Ludhiana.
7. Ordered accordingly.
8. The parties are directed to abide by the terms and conditions of the
aforesaid Memorandum of Understanding dated 10 th September, 2015
without demur.
9. In view of the foregoing, subject to the petitioner complying with the
milestones payments as agreed by the aforesaid Memorandum of
Understanding dated 10th September, 2015 i.e. paying the balance sum of Rs.
2 lakhs at the time of recording of statements of parties under Section
13(B)(ii) of Hindu Marriage Act, 1955 before the concerned Magistrate at
Ludhiana, the subject FIR No. 408/2014 under Sections 406/498A/34 IPC
registered at Police Station- Bindapur, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioners.
10. With the above said directions, the writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
NOVEMBER 06, 2015
sd
