Delhi High Court
Rakesh Prasad & Ors vs Nct Of Delhi & Anr on 18 November, 2015
#37
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.11.2015
W.P.(CRL) 2635/2015
RAKESH PRASAD & ORS ..... Petitioners
Through: Mr. M.K. Saroja and Mr. B.L.
Madhukar, Advocates
versus
NCT OF DELHI & ANR ..... Respondents
Through: Ms. Sumi Anand, Advocate for Mr.
Avi Singh, ASC (Criminal) for R-1
Mr. Manish Dixit, Advocate along
with respondent No.2/Complainant in
person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.16710/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2635/2015
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.420/2013, under Sections 498-A/406/34 IPC,
registered at Police Station- Vijay Vihar, Delhi and the proceedings arising
therefrom.
2. Rakesh Prasad and Archana, petitioner No.1 and respondent No.2
respectively were married according to Hindu rites and ceremonies on
12.11.2009. No child has been born from the said wedlock. Owing to
ideological and temperamental differences the parties to the marriage have
been living separately since 02.01.2012. 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. The settlement agreement dated 09.02.2015 is
annexed to this petition as Annexure P-2. The salient terms and conditions
of the said settlement agreement dated 09.02.2015 are as follows:-
"Joint Statement of
Smt. Archana w/o Sh. Rakesh Prasad, Aged about
Rohini, Delhi, DH.
And
Sh. Rakesh Prasad, S/o Sh. Bisun Prasad, Aged
about 36 years, R/o H.No.5, Pocket B-7, Sector-4,
Rohini, Delhi, JD.
On SA.
We have resolved all our matrimonial
disputes/differences, amicably today in the Court.
We have decided to dissolve our marriage by
mutual consent and shall file the first motion of
divorce by mutual consent within a month.
I Rakesh Prasad, have agreed and I undertake to
pay a total sum of Rs.4.60 lacs to my wife towards
full and final settlement of all her claims in respect
of dowry/stridhan articles, maintenance - past,
present and future and permanent alimony. Out of
the said total sum of Rs.4.60 lacs, I have agreed to
pay her a sum of Rs.1.50 lacs at the time of first
motion; further a sum of Rs.1.50 lacs at the time of
second motion which shall be filed within a week
of lapse of statutory period of six months and
balance amount of Rs.1.60 lac at the time of
quashing of FIR No.420/13, u/s 406/498A/34 IPC,
PS Vijay Vihar, before the Hon'ble High Court of
Delhi which shall be filed within a month of
second motion.
I, Archana, have agreed to accept a sum of Rs.4.60
lacs from my husband towards full and final
settlement of all my claims in respect of
dowry/stridhan articles, maintenance - past,
present and future and permanent alimony. Out of
the said total sum of Rs.4.60 lacs, I have agreed to
accept a sum of Rs.1.50 lac at the time of first
motion; further, a sum of Rs.1.50 lac at the time of
second motion which shall be filed within a week
of lapse of statutory period of six month and
balance amount of Rs.1.60 lac at the time of
quashing of FIR No.420/13, u/s 406/498A/34 IPC,
PS Vijay Vihar, before the Hon'ble High Court of
Delhi which shall be filed within a month of
second motion.
I Archana, undertake to cooperate with my
husband in quashing of the aforesaid before the
Hon'ble High Court of Delhi. I, further, undertake
to withdraw my petition under the DV Act within a
week of first motion.
We both undertake to withdraw all the
cases/complaints, if any, filed against each other
and not to file any complaint/case/suit against each
other or our respective family members in future
before any Court of law or authority in respect to
our matrimonial relations or any other claim
arising out of it.
We shall be bound by our joint-statement made
today. We pray that the present petition be
disposed of as compromised."
4. In pursuance to the aforesaid settlement a sum of Rs.3,00,000/- has
already been received by Archana. The balance sum of Rs.1,60,000/- has
been brought to the Court in the shape of a Demand Draft bearing
No.805431 dated 17.09.2015 in favour of Archana Gautam drawn on State
Bank of India, Rohini, Delhi and has been handed over to the respondent
No.2 (wife) in Court today. Archana, the complainant-wife acknowledges
receipt of the demand draft subject to realization thereof.
5. Archana, who is present in Court and has been duly identified by her
counsel Mr. Manish Dixit Advocate 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.420/2013, under Sections 498-A/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 High Court Legal Services Committee 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 18, 2015
dn
