Delhi High Court
Rakesh & Ors vs State (Nct Delhi) & Anr on 29 April, 2016
46
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 29th April, 2016
W.P.(CRL) 1322/2016 & CRL.M.A. 6941/2016
RAKESH & ORS ..... Petitioners
Through: Mr Rakesh Sharma, Advocate.
versus
STATE (NCT DELHI) & ANR ..... Respondents
Through: Ms Kamna Vohra, Addl. Standing
Counsel (Crl.).
SI Ram Singh, PS- Ambedkar Nagar.
Respondent No.2 in person.
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.465/2013 under Sections 406/498-A/34 IPC registered at
Police Station- Ambedkar Nagar, South East District, New Delhi.
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 customs on 24.11.2008. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 22.09.2012. No child has been born out of the said wedlock. 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 Family
Court, Saket, New Delhi, the outstanding matrimonial dispute between the
parties to the union has been settled amicably. The salient terms and conditions
of the settlement as recorded in the report of the Counselling dated 22.07.2014
before the Principal Judge Family Court, Saket, are as follows:-
"1. It has agreed between the parties that both the parties
shall take divorce by way of mutual consent.
2. It has agreed between the parties that
respondent/husband shall pay Rs.137500/- (Rupees
One Lac Thirty Seven Thousand Five Hundred Only)
to the petitioner/wife for full and final settlement
against maintenance, alimony towards past present,
future.
3. It has agreed between the parties that
husband/respondent shall pay Rs.45,000/- (Rupees
Forty Five Thousand Only) to petitioner/wife at the
time of recording of statement of first motion of
mutual divorce.
4. It has agreed between the parties that
respondent/husband shall pay Rs.45,000/- (Rupees
Forty Five Thousand Only) to petitioner/wife at the
time of recording of statement of second motion.
5. It has agreed between the parties that
respondent/husband shall pay Rs.47,500/- (Rupees
Forty Seven Thousand Five Hundred only) to
wife/petitioner at the time of quashing of FIR 465/13
under Section o 498A.
6. It has agreed between the parties that petitioner/wife
shall also withdraw her case of maintenance which is
pending in the court of Sh. Rakesh Siddhartha Ld.
Principal Judge Family Court Saket, N.Delhi at the
time of recording of statement of first motion of
mutual divorce.
7. It has agreed that between the parties that both the
parties shall file application for quashing of FIR
No.465/13 in Hon'ble High Court of Delhi at the first
motion of mutual divorce.
8. It has agreed between the parties that
respondent/husband shall return all dowry items to
petitioner/wife before recording of statement of first
motion of mutual divorce.
9. It has agreed between the parties that both the parties
shall file mutual divorce petition on or before
11.8.2014 in the court of Sh. Rakesh Siddhartha Ld.
Principal Judge Family court Saket. N. Delhi"
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.1,37,500/- 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
dated 22.07.2014, a sum of Rs.90,000/- has already been received by respondent
no.2 (wife). The balance sum of Rs.47,500/- has been handed over to the
respondent no.2 by way of a demand draft bearing No.895580 dated 27.04.2016
drawn on Punjab National Bank, Khanpur, New Delhi, in court today. The
respondent no.2 acknowledges receipt thereof subject to 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
22.02.2016 has already been obtained by the parties from the concerned Family
Court, Saket, New Delhi.
7. Respondent No.2/complainant (wife), who is present in Court and has
been duly identified by the IO in the subject FIR, namely, SI Ram Singh, PS-
Ambedkar 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.
8. Since the dispute between the parties which arose out of a matrimonial
discord between the petitioners and respondent no. 2 and resulted in the
registration of the subject FIR, has been settled amicably 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.
9. Resultantly, FIR No.465/2013 under Sections 406/498-A/34 IPC
registered at Police Station- Ambedkar Nagar, South East District, New Delhi,
is hereby set aside and quashed qua the petitioners subject to their depositing a
sum of Rs.15,000/- in the aggregate with the Victims' Compensation Fund
within a period of three months from today. The receipt of the said deposit shall
be furnished to the IO in the subject FIR.
10. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
APRIL 29, 2016
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