Delhi High Court
Vinay Wadhawan & Ors. vs State & Anr. on 30 November, 2015
#38
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30.11.2015
W.P.(CRL) 2729/2015
VINAY WADHAWAN & ORS. ..... Petitioners
Through: Mr. H.S. Arora, Advocate
versus
STATE & ANR. ..... Respondents
Through: Ms. Megha Bahl, Advocate for Mr.
Avi Singh, ASC (Criminal) and SI
Rajesh Yadav, PS- Vikas Puri for R-1
Respondent No.2/Complainant in
person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.17307/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2729/2015
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.302/2013, under Sections 406/498A/34 IPC
registered at Police Station- Vikas Puri, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that Vinay Wadhawan and Geetu Wadhawan
alias Geetu Kohli, petitioner No.1 and respondent No.2 respectively, were
married to each other according to Hindu rites and ceremonies on
29.10.2001. Two male children namely Master Chaitnya and Master Aryan
have been born from the said wedlock on 11.01.2003 and 25.12.2007
respectively. Owing to ideological and temperamental differences the
parties to the marriage have been living separately since 27.04.2013. 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 advice and intervention of relatives of
both sides. The settlement agreement dated 12.03.2014 is annexed to this
petition as Annexure B. The salient terms and conditions of the said
settlement agreement dated 12.03.2014 are as follows:-
"1. That the first party today in presence of the
mediator Shri Pankaj Nanda has returned all
dowry articles, istridhan, ornaments,
belongings, gifts, clothes etc. and now
nothing belong to the second party is lying
with the first party or his parents/relations
etc. and similarly nothing belonging to the
first party is lying with the second party or
her parents/relations etc. There is no claim
whatsoever left between the parties with
respect to any article of any nature.
2. That it has been agreed in principle to get
dissolve their marriage by filing a petition
for divorce by way of mutual consent and
both the parties shall file first motion
petition before the competent court of law
after completion of the mandatory
separation period of one year which starts
from 27th April, 2014.
3. That it has been agreed that the first party
shall apply to the Hon'ble High Court of
Delhi for quashing the FIR bearing
No.302/2013, PS- Vikas Puri, District West,
Delhi, under Sections 406/498A/34 IPC
registered against the first party and his
relations and after the recording of the
statements on the first motion divorce
petition. Thereafter both the parties shall
file a petition for second motion for grant of
divorce as per the existing law. It has been
agreed that the first party shall keep the
custody of the two sons Master Chaitnya
and Master Aryan.
4. That it has been agreed that the first party
shall pay a total sum of Rs.1,50,000/- to the
second party by way of cheque/draft woards
the past, present and future maintenance,
expenses incurred in the marriage and all
other remaining claims of the second party.
The above said amount shall be paid in the
following stages:-
a) An amount of Rs.50,000/- shall be
paid at the time of the recording of
the statements on the first motion
divorce petition by mutual consent
before the Court.
b) An amount of Rs.50,000/- shall be
paid at the time of the recording of
the statements before the Hon'ble
High Court for quashing of the
FIR bearing No.302/2013, P.S.
Vikas Puri, District West, Delhi,
U/s. 406/498A/34 IPC.
c) An amount of Rs.50,000/- shall be
paid at the time of recording of the
statements on the second motion
divorce petition by mutual consent
before the Court.
5. That the second party shall have no
visitation rights to meet her two sons Master
Chaitnya and Master Aryan.
6. That the second party shall have no right,
title or interest over the properties (movable
or immovable) of the first party or of the
parents of the first party and similarly the
first party shall have no right, title or interest
over the properties (movable or immovable)
of the second party or of the parents of the
second party.
7. That the second party shall cooperate in all
manners in disposing of the complaints,
litigations etc. in the interest of justice in
terms of this Compromise Agreement and
during the subsistence of this agreement,
both the parties shall not initiate any further
legal proceedings/complaints against each
other."
4. In pursuance to the aforesaid settlement a sum of Rs.1,00,000/- has
already been received by Geetu Wadhawan alias Geetu Kohli. The balance
sum of Rs.50,000/- has been brought to the Court in the shape of a Demand
Draft bearing No.025668 dated 19.10.2015 in favour of Geetu Kohli drawn
on Axis Bank and has been handed over to the respondent No.2 (wife) in
Court today. Geetu Wadhawan alias Geetu Kohli, the complainant-wife
acknowledges receipt of the demand draft subject to realization thereof.
5. Geetu Wadhawan alias Geetu Kohli, who is present in Court and has
been duly identified by IO SI Rajesh Yadav, Police Station- Vikas Puri 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.302/2013, under Sections 406/498A/34 IPC
registered at Police Station- Vikas Puri, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their depositing an aggregate sum of Rs.20,000/- (Rupees Twenty Thousand)
with the Victims' Compensation Fund, Government of NCT of 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 30, 2015
dn
