Delhi High Court
Dan Bahadur & Ors vs The State Of Nct Of Delhi & Anr on 9 September, 2015
#28
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 09.09.2015
W.P.(CRL) 1970/2015
DAN BAHADUR & ORS ..... Petitioners
Through: Mr. A.K. Pandey, Mr. Vikas Kumar
Sharma and Mr. Himanshu Yadav,
Advocates
versus
THE STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Ms. Richa Kapoor, ASC (Criminal)
with Mr. Rohit Kaul, Advocate with
SI Mehrab Alam, PS- Khajuri Khas,
Delhi for R-1
Mr. R.P.S. Bhatti, Advocate for R-2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.13133/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 1970/2015
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 Cr.P.C., 1973 seeking quashing of FIR No.583/2013,
under sections 498A/406/34 IPC, registered at Police Station- Khajuri Khas,
Delhi and the proceedings arising therefrom.
2. The facts in brief are that on 12.12.2009 the petitioner No.1 (husband)
and respondent No.2 (wife) got married according to Hindu rites and
customs in Delhi. One male child, namely, Master Ujjwal alias Shorya was
born out of the said wedlock on 28.03.2012 who is in the care and custody of
respondent No.2 (wife). Subsequently, owing to temperamental and
ideological differences the marriage is stated to have broken down.
3. On a complaint filed by the respondent No.2 (wife), the subject FIR
was registered against the petitioner No.1 (husband) and his family
members. Now, with the assistance of Delhi Mediation Centre,
Karkardooma Courts, Delhi the parties have arrived at an amicable
resolution of their marital disputes. The terms and conditions of the
settlement agreement dated 22.08.2014 are as follows:-
"1. It has been agreed between the parties that due
to temperamental differences they are not able
to stay together and have agreed to dissolve
their marriage by obtaining a decree of divorce
by way of mutual consent.
2. It has been settled between the aprties that the
applicant/respondent/husband Sh. Dan Bahadur
shall pay a total sum of Rs.3,25,000/- (Rupees
Three Lacs Twenty Five Thousand Only) as
well as one gold ring and one gold chain to the
complainant/wife Smt. Anita towards full and
final settlement of all her claims including
Istridhan, maintenance (present, past and future)
permanent alimony etc.
3. It has been further settled between the parties
that respondent/husband shall pay Rs.75,000/-
by way of DD/Pay Order/Cash as well as
above-mentioned gold ring and gold chain to
the complainant/wife on 26.08.2014 before the
concerned court. It is further agreed between
the parties that on the same day, the
complainant/wife shall return the gold ear ring
to the respondent/husband.
4. It has been further settled between the parties
that respondent/husband shall pay Rs.1,00,000/-
in the form of FD in the name of child Ujjwal
@ Shorya wherein her mother Smt. Anita Shall
stands as a nominee in the same and remain a
guardian till the child attains the age of majority
at the time of recording their statement in the
first motion petition for divorce by way of
mutual consent. The first motion petition shall
be filed on or before 30.09.2014.
5. It has been further agreed between the parties
that a sum of Rs.1,00,000/- shall be paid by
respondent/husband to complainant/wife by
way of DD/Cash at the time of recording their
statements in the second motion petition for
divorce by way of mutual consent, which
petition shall be filed by the parties within 15
days after expiry of the stipulated period.
6. It is further agreed that the last installment of
Rs.50,000/- shall be paid by the
respondent/husband to the complainant/wife at
the time of quashing of FIR No.583/13, U/s
498A/406/34 IPC, PS Khajoori Khas before
Hon'ble High Court of Delhi. The
complainant/wife undertakes to extend her
cooperation with the respondent/husband and
his other family members for quashing of the
above mentioned FIR. The quashing petition
shall be filed jointly by the parties within a
period of one month after dissolution of
marriage by the competent court of law.
7. It is agreed that the complainant/wife shall
withdraw above said two cases before filing of
second motion petition for mutual divorce from
the court concerned.
8. It has been agreed between the parties that
complainant/wife shall have the absolute
custody of child Ujjawal @ Shorya and
respondent/husband shall have no right to claim
custody of the same.
9. It is agreed that the complainant shall not
oppose the above said bail application of the
respondent husband from the court concerned.
10. It has been further agreed between the parties
that after fulfillment of the terms and conditions
of the present settlement, the parties shall be left
with no claim of any kind against each other in
future.
11. It has been further agreed between the parties
that besides the aforementioned cases, no other
case/claim/dispute arising out of their marriage,
would be found pending between the parties in
any court of law, they shall respectively
withdraw the same being settled qua the present
settlement.
12. It has been further agreed between the parties
that they will not interfere in the lives of each
other and shall part ways amicably and there
shall be no visitation right between them.
13. This settlement is arrived at between the parties
voluntarily, without there being any pressure,
coercion or threat or undue influence of any
kind.
14. It is agreed that the parties shall remain bound
by the aforesaid terms of settlement."
4. Counsel for the parties as well as Ms. Richa Kapoor, learned
Additional Standing Counsel (Criminal) state that the parties have already
acted in pursuance to the aforesaid settlement agreement. A sum of
Rs.2,75,000/- has already been received by the respondent No.2 (wife) till
date. The balance sum of Rs.50,000/- has been handed over in cash to the
respondent No.2 (wife). The respondent No.2 (wife) acknowledges receipt
thereof.
5. The parties have already obtained a decree of divorce by mutual
consent from the concerned Family Court. Respondent No.2 (wife) who is
present in person and has been identified by IO SI Mehrab Alam, Police
Station- Khajuri Khas, Delhi states that in view of the settlement agreement
arrived at between the parties to the marriage, she is no longer keen to
proceed with the subject FIR and the proceedings arising therefrom.
6. In the circumstances, since no useful purpose will be served by
proceeding with the subject FIR on account of the parties having settled their
disputes finally, without any undue influence, pressure or coercion, the FIR
No.583/2013, under Sections 498A/406/34 IPC, registered at Police Station-
Khajuri Khas, Delhi and the proceedings arising therefrom are hereby set
aside and quashed qua all the petitioners subject to their depositing a sum of
Rs.25,000/- with the Delhi High Court Legal Services Committee within a
period of two weeks from today. The receipt of the said deposit shall be
furnished to the concerned IO.
7. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
SEPTEMBER 09, 2015
dn
