Delhi High Court
Mukesh Kumar Gothwal & Ors vs The State & Anr on 28 April, 2016
#47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 28th April, 2016
+ W.P.(CRL) 1270/2016 and Crl. MA No. 6658/2016
MUKESH KUMAR GOTHWAL & ORS ..... Petitioners
Through Ms. Manju, Advocate along with
petitioners
versus
THE STATE & ANR ..... Respondents
Through Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Jamal Akhtar and Mr.
Shekhar Budakoti, Advs.
SI Radhey Shyam, PS CAW Cell,
Nanakpura
Mr. Rajesh Kajla, Adv. for R-2 along
with respondent no. 2
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J. (ORAL)
CRL.M.A. No. 6658/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P. (CRL.) 1270/2016
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. 41/2014 under Sections 406/498A/34 IPC registered at
Police Station- CAW Cell, Nanakpura, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that the petitioner No.1 (husband) and respondent
No.2/complainant (wife) were married to each other according to Hindu rites
and ceremonies on 19.02.2009. A male child, namely, Parv Kumar was born out
of the said wedlock and is in the care and custody of respondent no. 2 (wife).
Owing to temperamental and ideological differences between the parties to the
marriage, they started living separately since 7th July, 2009. On a complaint
instituted by respondent no.2 (wife), the subject FIR was registered against the
petitioner no. 1 (husband) and his family members.
3. Counsel for the parties state that with the aid and assistance of Principal
Judge, Family Court, Patiala House, New Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by way of an
order dated 7th April, 2015. The salient terms and conditions of the settlement
as enshrined in the said order dated 7th April, 2015 are as follows:-
"3. Out of the total settlement of Rs. 20,00,000/- today,
petitioner no. 2 has paid a sum of Rs. 10,00,000/- (Ten
Lakhs) to the petitioner no. 1 vide three DDs bearing no.
367313, 367312 and 367340 drawn on PNB, Tilak Nagar,
New Delhi. The photocopies of the said DDs is Ex. PX and a
sum of Rs. 5,00,000/- shall be paid by the petitioner no. 2 to
the petitioner no. 1 at the time of recording of statement in
second motion petition in the court and the remaining amount
of Rs. 5,00,000/- shall be paid by the petitioner no. 2 to the
petitioner no. 1 at the time of quashing of FIR bearing no.
41/14, PS CAW Cell, Nanakpura, u/s 498A/406/34 IPC before
Hon'ble High Court.
4. Both parties have stated that they have voluntarily
consented to seek dissolution of their marriage and that there
is no force, coercion or undue influence, that they have signed
the petition after going through the contents of same. I have
heard the parties. I have gone through the contents of the
petition as well as joint statement of the parties, recorded
separately. I am satisfied that all the ingredients stipulated in
Section 13(B)(1) of the Act are satisfied in this case as parties
have been living separately for a period of more than one year
and they have not been able to live together and they have
mutually agreed that their marriage should be dissolved."
4. In a nutshell, it has been agreed by and between the parties to the union
that respondent no. 2 (wife) shall be paid a sum of Rs. 20 lakhs towards all her
claims vis. a vis. permanent alimony, dowry articles, maintenance past, present
and future etc. against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement
before the Family Court, Patiala House, New Delhi, a sum of Rs. 15 lakhs has
already been received by respondent no.2 (wife). The balance sum of Rs. 5
lakhs has been brought to the Court in the shape of Demand Draft dated 23rd
February, 2016 bearing No. 035613 drawn on Punjab National Bank, Bhera
Enclave, Paschim Vihar, New Delhi in favour of respondent no. 2(wife) herein.
The latter acknowledges receipt thereof subject to its encashment.
6. In the present case, it is observed that pursuant to the settlement arrived at
between the parties to the union, a decree of divorce by mutual consent dated
19th October, 2015 has already been obtained by the parties from the concerned
Family Court, Patiala House, New Delhi.
7. Ms. Asha Rani, respondent No.2/complainant (wife), who is present in
Court and has been duly identified by the Investigating Officer in the subject
FIR namely SI Radhey Shyam, Police Station- CAW Cell, Nanakpura, 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 and the
proceedings emanating therefrom.
8. 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 before the Family
Court, Patiala House, New Delhi without any undue influence, pressure or
coercion; as the parties have obtained decree of divorce by mutual consent; and
since the settlement between the parties is lawful, no useful purpose will be
served by proceeding with the subject FIR and the proceedings arising
therefrom.
9. Resultantly, the FIR No. 41/2014 under Sections 406/498A/34 IPC
registered at Police Station- CAW Cell, Nanakpura, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners subject
to their paying a sum of Rs. 50,000/- (in aggregate) in favour of the minor child-
Parv Kumar within a period of four weeks from today. A copy of the receipt
thereof be provided to the Investigating Officer in the subject FIR.
10. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
APRIL 28, 2016
SD
