Delhi High Court
Pankaj & Ors vs The State (Govt Of Nct Of Delhi) & ... on 18 April, 2016
6 of 14.04.2016
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.04.2016
W.P.(CRL) 729/2016
PANKAJ & ORS ..... Petitioners
Through: Mr Rana Parween Siddiqui,
Advocate.
versus
THE STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through: Mr Rajesh Mahajan, Addl.
Standing Counsel (Crl.) with SI
Vijay Kumar, PS- Lajpat Nagar.
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 seeking
quashing of FIR No.170/2013 under Section 498-A IPC registered at Police
Station- Lajpat Nagar, New Delhi.
2. The facts in brief are that the petitioner-husband and respondent
No.2/complainant (wife) were married to each other according to Hindu rites
and customs on 23.01.2011. However, no child has been born out of the said
wedlock. Due to temperamental and ideological differences between the
parties to the marriage, they started living separately since 20.04.2013. On a
complaint instituted by respondent no.2 (wife), the subject FIR was
registered against the petitioner-husband and his family members.
3. Counsel for the parties state that with the aid and intervention of the
respectable persons of the society, the outstanding matrimonial dispute
between the parties to the union has been settled amicably by way of a
compromise/settlement deed dated 02.04.2015. A copy of the said
compromise/settlement deed dated 02.04.2015 is annexed to the present
petition at pages 22 to 24 as annexure P-2. The salient terms and conditions
of the afore-stated compromise/settlement deed dated 02.04.2015 are as
follows:-
"1. That it is agreed between the parties that the second party
shall pay a total sum of Rs. 80,000/- to the first party as full
and final settlement of all the disputes which includes dowry
articles, stridhan, past and future including permanent alimony
etc. of first party. Out of aforesaid full and final amount of Rs.
80,000/-, a sum of Rs. 30,000/- in cash is agreed to be paid by
the second party to the first party at the time of recording the
statement of divorce u/s 13(B)(1) of H.M. Act. Further an
amount of Rs. 30,000/- in cash is agreed to be paid by the
second party to the first party at the time of recording of
statement of divorce u/s 13(B)(2) of H.M. Act before the
Hon'ble Court and remaining amount of Rs. 20,000/- in cash
shall be paid by the second party to the first party at the time
of quashing of aforesaid FIR before the Hon'ble High Court of
Delhi. The first party undertakes to cooperate the second party
and his family members in getting the aforesaid FIR quashed.
2. That the first party undertakes that after receipt of full and
final settlement amount of Rs. 80,000/- from the second party,
she will not claim any other amount or article etc. from the
second party and his family members in future nor shall claim
any right over the property of the second party or his family
members.
3. That both the parties will not institute any type of litigation
against each other and against the family members of each
other in future arising out of this marriage and will not
interfere in the life of each other and in the life of family
members of each other. Both the parties also undertake to
withdraw their case/complaint/petition/suit etc, if any, filed by
them against each other or their family members.
4. That the present compromise/settlement deed has been
executed with the consent of both the parties and without any
pressure, threats, coercion or undue influence."
4. Pursuant to the aforesaid compromise/settlement deed dated
02.04.2015 the petitioner has undertaken to pay a total sum of Rs.80,000/- to
respondent No.2/complainant (wife) towards all her claims vis-à-vis
permanent alimony, stridhan, dowry articles, maintenance past, present and
future etc. against the petitioners. A sum of Rs.60,000/- has already been
received by respondent no.2. The remaining sum of Rs.20,000/- has been
handed over to the respondent No.2 in Court today in cash. Respondent no.2
acknowledges receipt thereof. It is observed that pursuant to the settlement
arrived at between the parties to the union, a decree of divorce by mutual
consent dated 23.01.2016 has already been obtained by the parties from the
concerned Family Court, Saket, New Delhi.
5. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the IO in the subject FIR, namely, SI Vijay Kumar, PS-
Lajpat Nagar, Delhi, states that in pursuance to the settlement arrived at
between the parties to the union, she is no longer keen to proceed with the
subject FIR.
6. Since the dispute between the parties which arose out of a matrimonial
discord between petitioner no.1 and respondent no.2 and resulted in the
registration of the subject FIR, has been settled amicably by way of the
compromise/settlement deed dated 02.04.2015 without any undue influence,
pressure or coercion; as the parties have obtained decree of divorce by
mutual consent on 23.01.2016; and the settlement between the parties is
lawful, no useful purpose will be served by proceeding with the subject FIR
and the proceedings arising therefrom.
7. Resultantly, FIR No.170/2013 under Section 498-A IPC registered at
Police Station- Lajpat Nagar, New Delhi is hereby set aside and quashed qua
the petitioners subject to their paying a sum of Rs.5,000/- each to the
respondent No.2/complainant by 15.07.2016. A copy of the receipt thereof
shall be provided to the IO in the subject FIR.
8. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
APRIL 18, 2016
mk
