Delhi High Court
Nikhil Vig & Ors vs The State (Govt Of Nct Of Delhi) & ... on 2 September, 2015
#4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 02.09.2015
+ W.P.(CRL) 1583/2015
NIKHIL VIG & ORS ..... Petitioners
Through Mr. Hari Kishan, Advocate along with
petitioner no. 1
versus
THE STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through Mr. Ashish Aggarwal, ASC (Crl.) for
the State
SI Sudhir Sharma, P.S. Sunlight Colony
Mr. Rajnish Kumar, Adv. for the
respondent no.2/complainant along with
respondent no. 2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 227 of the Constitution of India
read with Section 482 Cr.P.C, 1973 seeking quashing of FIR No. 10/2012
under Sections 498A/406/34 IPC registered at Police Station- Sunlight
Colony, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner No.1 was married to
respondent No.2 according to Hindu rites and ceremonies on 1 st December,
2010. However, no child was born from the said wedlock. After the
marriage, the parties lived together as husband and wife in their matrimonial
home but owing to temperamental and ideological differences, they
separated from each other and have been living separately. On a complaint
lodged by respondent No.2/wife, the subject FIR was registered against the
petitioner no. 1 and his family members.
3. Counsel appearing on behalf of the parties state that with the aid and
assistance of the Counselling Cell, Central District, Tis Hazari Courts, Delhi,
the parties have arrived at an amicable resolution of their outstanding marital
disputes. The terms and conditions of the said settlement are encapsulated in
the Settlement Agreement dated 4th August, 2014, annexed to the present
petition as Annexure-P2 at page 28 of the present petition.
4. Counsel appearing on behalf of the parties further state that in
pursuance to the aforesaid settlement, a decree of divorce by mutual consent
dated 25th April, 2015 has already been obtained from the competent Court.
5. The only thing that remains to be done is to direct the concerned
Magistrate before whom the subject FIR is pending adjudication to encash
the Fixed Deposit Receipt in the amount of Rs. 2,63,000/- along with interest
accrued thereon and release the proceeds thereof in favour of respondent
no.2/wife. Ordered accordingly.
5. Respondent No.2, who is present in Court and has been identified by
her counsel as well as the Investigating Officer i.e. SI Sudhir Sharma, Police
Station- Sunlight Colony, 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 emanating therefrom.
6. Since the dispute between the parties, which arose out of a
matrimonial discord between petitioner no. 1 and respondent no. 2, has been
settled amicably by way of a Settlement Agreement dated 4th August, 2014,
without any undue influence, pressure or coercion; and as the parties have
obtained decree of divorce by mutual consent; and since the agreement
between the parties is lawful, no useful purpose will be served by proceeding
with the subject FIR and the proceedings arising therefrom.
7. Resultantly, the FIR No. 10/2012 under Sections 498A/406/34 IPC
registered at Police Station- Sunlight Colony, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners
subject to the petitioners depositing a sum of Rs. 5,000/- each with the Delhi
High Court Legal Services Committee within a period of two weeks from
today. Receipt thereof shall be provided to the Investigating Officer in the
subject FIR.
8. With the above directions, the writ petition is allowed and disposed of
accordingly.
9. Dasti.
SIDDHARTH MRIDUL, J
SEPTEMBER 02, 2015
sd
