Delhi High Court
Avinash @ Sonu & Ors vs The State & Ors on 19 April, 2016
4
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 19.04.2016
W.P.(CRL) 916/2016
AVINASH @ SONU & ORS ..... Petitioners
Through: Mr Hirandra Kumar, Advocate.
versus
THE STATE & ORS ..... Respondents
Through: Mr Ashish Aggarwal, Addl.
Standing Counsel (Crl.) with SI
Govind Singh, PS- Uttam
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.404/2014 under Sections 498-A/406/34 IPC registered
at Police Station- Uttam 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 06.02.2011. 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 the year 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 assistance of the
Mediation Centre, Rohini Courts, Delhi, the outstanding matrimonial dispute
between the parties to the union has been settled amicably by way of a
settlement/agreement dated 11.11.2014. A copy of the said
settlement/agreement dated 11.11.2014 is annexed to the present petition at
pages 37 to 39 as annexure P-3. The salient terms and conditions of the
afore-stated settlement/agreement dated 11.11.2014 are as follows:-
"1)The parties shall get dissolved their marriage by a
decree of divorce by mutual consent without leveling
allegations and counter-allegations against each other
in accordance with law before the Court of competent
jurisdiction at Delhi.
2) Petitioner/husband shall pay a total sum of
Rs.2,65,000/- (Rupees Two Lac Sixty Five Thousand
Only) to the Respondent/wife alongwith articles as per
admitted list Annexure 'A' towards her full and final
satisfaction qua all her claims past, present and future
arising out of the marriage which shall include
permanent alimony, stridhan, dowry articles,
maintenance and all other claims including
miscellaneous expenses.
3) The settlement amount of Rs.2,65,000/- (Rupees
Two Lac Sixty Five Thousand Only) shall be paid by
the petitioner/husband to the respondent/wife, in the
following manner:-
i) First installment of Rs.1,05,000/- (Rupees One Lac
Five Thousand Only) in cash/DD at the time of
recording statements in First Motion Petition U/s
13B(1) of Hindu Marriage Act Which shall be filed by
the parties jointly on or before 15.12.2014. It is agreed
that the petitioner/husband shall return the articles to
the respondent/wife as per admitted list Annexure 'A'
on 10.12.2014 at the agreed place.
ii) Second installment of Rs.80,000/- (Rupees Eighty
Thousand Only) in cash/DD at the time of withdrawal
of both the connected cases from the concerned court
on 15.01.2015.
iii) Third and last installment of Rs.80,000/- (Rupees
Eighty Thousand Only) in cash/DD at the time of
recording statements in Second Motion Petition U/s.
13B(2) of Hindu Marriage Act, 1955 which shall be
filed by the parties jointly at the earliest possible after
expiry of stipulated period of six months.
4) Both the parties shall not interfere in the life of each
other in future.
5) The petitioner/husband shall withdraw the present
case from the Ld. Referral Court on date fixed i.e.
05.12.2014.
6) In terms of the present settlement, there shall remain
no case/dispute between the parties qua the marriage of
the petitioner and respondent and that none of the
parties shall file any civil or criminal proceedings
against each other in future qua the same and that if
any other case/petition/complaint etc. between the
parties is pending in any Court or Authority, the same
shall be withdrawn/ got disposed of by the respective
party."
4. Pursuant to the aforesaid settlement/agreement dated 11.11.2014 the
petitioner No.1 has undertaken to pay a total sum of Rs.2,65,000/- 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. The said sum of Rs.2,65,000/- has already
been received by respondent no.2. It is observed that pursuant to the
settlement arrived at between the parties to the union, a decree of divorce by
mutual consent dated 17.08.2015 has already been obtained by the parties
from the concerned Family Court, Rohini, 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 Govind Singh, PS-
Uttam 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
settlement/agreement dated 11.11.2014 without any undue influence,
pressure or coercion; as the parties have obtained decree of divorce by
mutual consent on 17.08.2015; 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.404/2014 under Sections 498-A/406/34 IPC
registered at Police Station- Uttam Nagar, New Delhi, is hereby set aside and
quashed qua the petitioners subject to their paying a sum of Rs.15,000/- in
the aggregate as litigation expenses to the respondent No.2/complainant
within a period of two weeks from today. 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 19, 2016
mk
