Delhi High Court
Dinesh Kumar & Ors vs State & Ors on 7 October, 2015
Author: Siddharth Mridul
#31
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 07.10.2015
W.P.(CRL) 2258/2015 & CRL.M.A. 14849/2015
DINESH KUMAR & ORS ..... Petitioners
Through: Ms Neelam Chaudhary and
Mr Yudhvir Singh, Advocates.
versus
STATE & ORS ..... Respondents
Through: Mr Rahul Mehra, Standing Counsel
(Crl.) with Mr Jamal Akhtar,
Advocate.
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 (hereinafter
referred to as 'the Code') praying for a direction to quash FIR No.362/2014
under Sections 498A/406/34 IPC registered at Police Station- Najafgarh,
New Delhi, and the proceedings arising therefrom.
2. The factual matrix is that the petitioner No.1 and respondent No.2
were married according to Hindu rites and ceremonies on 28.11.2012.
Owing to ideological and temperamental differences the parties to the
marriage have been living separately since 23.09.2013. On a complaint filed
by the respondent No.2 (wife), the subject FIR was registered against the
petitioner No.1 and his family members. With the aid and assistance of the
Mediation Centre at the Dwarka Courts, New Delhi, the parties to the union
have arrived at an amicable resolution of all their matrimonial disputes. The
salient terms and conditions of the said settlement dated 27.01.2015 before
the Mediation Centre at the Dwarka Courts, New Delhi, are as under:-
"1. That both the abovesaid parties have settled all
their claims/disputes with regard to their
marriage. It has been agreed between the parties
that they shall seek divorce by mutual consent.
2. That the respondent/husband has agreed to pay
a sum of Rs.5,00,000/- (Rupees five lakhs
only), towards full and final settlement of all
claims of complainant/wife regarding dowry
articles, stridhan, permanent alimony and
maintenance (past, present and future), which
the complainant/wife has agreed to accept as
such.
3. It has been agreed between the parties that the
settled sum of Rs.5,00,000/- (Rupees five lakhs
only) shall be paid by the respondent/husband
to the complaint/wife in four installments by
way of cash/DD as per the following schedule:
(i) First installment of Rs.1,25,000/- shall be
paid at the time of hearing of bail
application on the date fixed i.e. on
30.01.2015.
(ii) Second installment of Rs.1,25,000/-shall
be paid at the time of recording of
statement during first motion petition for
divorce by mutual consent u/s. 13-B(1) of
the Hindu Marriage Act, 1955, which
shall be filed within one month from
today.
(iii) Third installment of Rs.1,25,000/- shall
be paid at the time of recording of
statement during second motion petition
for divorce by mutual consent u/s.13-
B(2) of the Hindu Marriage Act, 1955,
which shall be filed within one month of
expiry of minimum statutory period after
first motion u/s. 13-B (1) Hindu Marriage
Act, 1955, as per law.
(iv) Fourth/last installment of Rs.1,25,000/-
shall be paid at the time of recording of
statement of complainant/wife in
proceedings for quashing of FIR
No.362/14, U/s. 406/498A/34 IPC, PS
Najafgarh, New Delhi, before the
Hon'ble High Court of Delhi.
4. It has been agreed between the parties that
petition for quashing of FIR shall be filed by
the respondent/husband within one month from
the passing of decree of divorce and the
complainant/wife shall cooperate in the said
proceedings.
5. It has been agreed between the parties hereto
that they shall make appropriate statements
before the concerned courts and shall cooperate
with each other in all the legal proceedings.
6. It has been agreed between the parties hereto
that they shall not file any claim/case against
each other or family members related to their
marriage.
7. That both the parties hereto shall bear their
respective cost of litigation.
8. By signing this settlement, the parties hereto
state that they have no further claims or
demands against each other with respect to their
marriage and all the disputes and differences in
this regard have been amicably settled by the
parties hereto during the process of meditation
and that they shall not initiate any litigation in
future against each other in respect of their
marriage subject to fulfillment of terms of this
settlement.
9. That the abovesaid parties shall be bound by the
terms and conditions as mentioned above and
shall appear before the Hon'ble Referral Court
on the date fixed i.e. 30.01.2015 to make a
statement in terms of this settlement.
10. In case any of the parties hereto does not abide
by the terms and conditions of this settlement,
other party shall be at liberty to take appropriate
action as per law.
11. That the contents of this settlement have been
explained to the parties in vernacular and they
have understood the same. Both the abovesaid
parties undertake that they have signed the
above settlement after going through and
understanding the contents and they have
settled the dispute between themselves of their
own will and without any force pressure or
coercion from any quarter."
3. In a nutshell it has been agreed by and between the parties that the
petitioner No.1 shall pay, in aggregate, a sum of Rs.5,00,000/- to the
respondent No.2 towards all the latter's claim including maintenance
towards past, present and future. In pursuance to the said agreement dated
27.01.2015 the respondent No.2 (wife) has already received a sum of
Rs.3,75,000/-. The balance amount of Rs.1,25,000/- has been paid to the
respondent in court today.
4. The respondent No.2, who is present in person and has been identified
by the IO in the subject FIR, SI S.P. Samariya, Police Station- Najafgarh,
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 emanating
therefrom.
5. Since the dispute between the parties, which arose out of a marital
discord, has been settled amicably without any undue influence, pressure or
coercion, no useful purpose will be served by proceeding with the subject
FIR and the proceedings arising therefrom.
6. Resultantly, FIR No.362/2014 under Sections 498A/406/34 IPC
registered at Police Station- Najafgarh, New Delhi, and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioners
subject to their depositing a sum of Rs.10,000/- each with the New Delhi Bar
Association Library Fund within a period of two weeks from today. Receipt
thereof shall be provided to the IO in the subject FIR.
7. The petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
OCTOBER 07, 2015
mk
