Delhi High Court
Puneet Jain & Ors vs State (Nct Of Delhi) & Anr on 9 September, 2015
#25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 9th September, 2015
+ W.P.(CRL) 1942/2015
PUNEET JAIN & ORS ..... Petitioners
Through Mr. Rajeev Sharma, Advocate along
with petitioner no. 1
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through Ms. Kamna Vohra, ASC (Crl.)
SI Gaurav Chaudhary, P.S. Shahdara
Mr. Neeraj Gupta, Adv. for the
respondent no. 2/ complainant along
with respondent no. 2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 12981/2015 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 1942/2015 and Crl. MA No. 12980/2015 (Stay)
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. 399/2014
under Sections 406/498A/34 IPC read with Section 4 of Dowry Prohibition
Act, 1961 registered at Police Station- Shahdara, Delhi and the proceedings
arising therefrom.
2. The facts in brief are that the petitioner No.1 (husband) was married to
respondent No.2 (wife) according to Hindu rites and ceremonies on 5th
February, 2013 at Delhi. 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 started living separately
since 3rd August, 2013. On a complaint instituted by respondent No.2, the
subject FIR was registered against the petitioner no. 1 and his family
members.
3. Counsel for the parties state that with the aid and assistance of the
Delhi Mediation Centre, Karkardooma Courts, Delhi, the parties to the union
have arrived at an amicable resolution of their matrimonial dispute, inter alia,
on the following terms and conditions:-
"1. It has been agreed between the parties that they shall
part their company from each other by obtaining a decree
of divorce by mutual consent by filing a joint petition for
divorce by mutual consent within jurisdiction of Delhi.
2. It has been agreed between the parties that the
respondent/husband shall pay Rs. 16,00,000/- (Rs. Sixteen
Lacs only) to the complainant against all her claims
pertaining to this marriage including stridhan, maintenance
(present, past or future) and permanent alimony etc.
3. It has been further agreed between the parties that the
abovesaid payment shall be made by the
respondent/husband to the complainant by way of cash/DD
in the court concerned as per the following schedule:
(i) Rs. 8,00,000/- (Rs. Eight Lacs only) shall be paid by
the respondent/husband to the complainant at the time of
recording statement of the parties in the first motion
petition, which shall be filed on or before 30.11.2014. It is
further agreed that in case of DD, the same shall be
prepared in the name of Ms. Shilpa Aggarwal.
(ii) Rs. 3,00,000/- (Rs. Three Lacs only) shall be paid by
the respondent/husband to the complainant at the time of
recording statement of the parties in the second motion
petition, which shall be filed within 15 days after expiry of
stipulated period of six months as per law.
(iii) Rs. 5,00,000/- (Rs. Five Lacs only) shall be paid by
the respondent/husband to the complainant at the time of
quashing of the FIR bearing no. 399/14 PS Shahdara u/s
498-A/406/34 IPC before the Hon'ble High Court of Delhi
and the said petition shall be filed wihtin one month after
passing decree of divorce. It is further agreed between the
parties that Ms. Shilpa Jain shall cooperate with the
respondents in quashing the abovesaid FIR.
4. It has been further agreed between the parties that the
complainant shall withdraw her above mentioned cases U/s
125 Cr.P.C. and U/s 12 of D.V. Act and the respondent
shall withdraw his case U/s 9 of H.M. Act from the
concerned courts within one month after recording their
statements in the first motion petition.
5. It is further agreed between the parties that apart from
the above mentioned cases, no other case, complaint or
litigation is pending between the parties and if in case any
case, complaint or litigation is found pending the same
shall be treated as settled/withdrawn by virtue of this
settlement.
6. It is further agreed that after this settlement, both the
parties shall be left with no claims against each other of
any nature whatsoever and shall be free to live their lives
independently without interference of each other and shall
not claim any rights in any movable or immovable
properties of the respondent and his family members and
also both the parties and their relatives shall not file any
case/litigation against each other pertaining to this
marriage in future.
7. It is agreed that both the parties have arrived at the
present settlement out of their free will and consent without
any force, compulsion or coercion and they are signing the
present settlement after fully understanding the contents of
the same, which have also been read over to them in
vernacular.
8. It is agreed that both the parties undertake to remain
bound by the terms of settlement."
4. In the present case, it has been noticed that pursuant to the settlement
arrived at between the parties, a decree of divorce by mutual consent has
already been obtained from the concerned Family Court.
5. In a nutshell, it has been agreed by and between the parties to the
union that respondent no. 2/wife shall be paid a lump-sum of Rs. 16 lakhs
towards all her claims against the petitioners.
6. Respondent No.2/wife, who is present in Court and has been identified
by her counsel as well as the Investigating Officer i.e. SI Gaurav Chaudhary,
Police Station- Shahdara, Delhi, states that in pursuance to the settlement,
she has already received a sum of Rs. 11 lacs from the petitioners.
7. The balance sum of Rs. 5 Lacs has been handed over to respondent
No.2 in the shape of two Demand Drafts dated 4th September, 2015 bearing
Nos. 463201 and 463202 for the sum of Rs. 1 Lac and Rs. 4 Lacs drawn on
the Yes Bank, Dr. A.B. Road, Worli Branch, Mumbai respectively in favour
of the respondent no. 2, in Court today. Respondent No.2 acknowledges
receipt thereof subject to their encashment.
8. Respondent No.2/wife further 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.
9. 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 26th November,
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.
10. Resultantly, the FIR No. 399/2014 under Sections 498A/406/34 IPC
registered at Police Station- Shahdara, 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. 10,000/- each with the Delhi
Lawyers' Welfare Fund within a period of two weeks from today. Receipt
thereof shall be provided to the Investigating Officer in the subject FIR.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
SEPTEMBER 09, 2015/sd
