Kapil Raj Bansal & Ors vs The State ( Nct Of Delhi) & Anr
2015 Latest Caselaw 8499 Del

#23
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 16.11.2015

W.P.(CRL) 2596/2015

KAPIL RAJ BANSAL & ORS                                      ..... Petitioners
                           Through:     Mr. S.K. Goyal and Mr. A.K. Goyal,
                                        Advocates

                           versus

THE STATE ( NCT OF DELHI) & ANR                ..... Respondents

Through: Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Standing Counsel (Criminal) for R-1 Mr. Rajesh Gupta, Advocate for R-2 along with the Respondent No.2 in person CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A.16521/2015 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 2596/2015

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.1149/2014, under Sections 498A/406/34 IPC,

registered at Police Station- Vijay Vihar, Delhi and the proceedings arising

therefrom.

2. The facts in brief are that Kapil Raj Bansal and Anju Bansal,

petitioner No.1 and respondent No.2 respectively were married according to

Hindu rites and customs on 30.04.2012. A female child namely, Vandana

was born out of the said wedlock. Vandana is stated to be in the custody of

her father, petitioner No.1 herein. Owing to ideological and temperamental

differences the parties have separated from each other on 09.03.2014 and

have been residing separately since then. On a complaint instituted by the

respondent No.2 (wife) against her husband (petitioner No.1) and his family

members, the subject FIR was registered.

3. Counsel for the parties state that with the advice and intervention of

elders in the family, the parties to the union have arrived at an amicable

resolution of all their matrimonial disputes. The terms and conditions of the

said agreement are encapsulated in the joint statement of the parties recorded

before the Hon'ble Principal Judge, (North-West), Family Court, Rohini,

Delhi on 25.03.2015. In a nutshell, it has been agreed by and between the

parties that the petitioner No.1 (husband) shall pay a total sum of

Rs.5,25,000/- to the respondent No.2 (wife) towards full and final settlement

of all her claims in respect of dowry/stridhan articles, maintenance - past,

present and future, permanent alimony etc. A sum of Rs.2,25,000/- has

already been received by the respondent No.2 (wife) in cash before the said

Family Court. The balance sum of Rs.3,00,000/- has been brought to the

Court in the shape of a Demand Draft bearing No.314978 dated 02.11.2015,

drawn on The Delhi State Co-operative Bank Ltd., Begum Pur Road, Budh

Vihar, Delhi in favour of the respondent No.2 (wife). The respondent No.2

(wife) who is present in person accepts receipt thereof subject to

encashment.

4. The respondent No.2 (wife), who is present in person and has been

identified by the IO in the subject FIR, SI Vijender, Police Station- Vijay

Vihar, 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. A decree of divorce by mutual consent has

already been obtained by the parties on 15.10.2015 from the Court of

competent jurisdiction.

5. The agreement between the parties is lawful and is accepted. The

parties shall now abide strictly with the terms and conditions agreed upon

therein without demur.

6. 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.1149/2014, under Sections 498A/406/34 IPC,

registered at Police Station- Vijay Vihar, Delhi and the proceedings arising

therefrom are hereby set aside and quashed qua the petitioners subject to

their depositing a sum of Rs.5,000/- (Rupees Five Thousand) each with the

Delhi Police Martyrs' Fund, Police Headquartes, Delhi within a period of

two weeks from today. The receipt of the deposit be provided to the IO in the

subject FIR.

8. The petition is disposed of accordingly.

SIDDHARTH MRIDUL, J

NOVEMBER 16, 2015 dn