Delhi High Court
Sanjay Jain & Ors vs The State ( Govt Of Nct Of Delhi) & ... on 17 February, 2016
Author: Siddharth Mridul
#29
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17.02.2016
W.P.(CRL) 511/2016
SANJAY JAIN & ORS ..... Petitioners
Through: Counsel (appearance not given)
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through: Mr. Sanjay Lao, ASC (Criminal) with
Mr. Siddharth Sindhu, Advocate and
SI Manish Chaudhary, PS- Welcome
for R-1
Mr. Ravi Chand Garg, Advocate for
R-2 along with R-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 (Cr.P.C.)
seeking quashing of FIR No.370/2013, under Sections 498A/406/34 IPC and
Section 4 of Dowry Prohibition Act, 1961 registered at Police Station-
Welcome, Delhi and the proceedings emanating therefrom.
2. The facts in brief are that on 09.12.2004 the petitioner No.1 married
respondent No.2 according to Hindu customs, rites and ceremonies in Delhi.
Two female children, namely, Mansi and Diya, aged nine years and seven
years respectively were born out of the said wedlock on, who are in the care
and custody of petitioner No.1 (husband). Owing to ideological and
temperamental differences the parties to the marriage have been living
separately since October, 2008. On a complaint filed by the respondent No.2
(wife) against her husband (petitioner No.1) and his family members, the
subject FIR was registered.
3. Eventually better sense prevailed and the parties decided to settle all
their matrimonial disputes with the assistance of Mediation Centre,
Karkardooma Courts, Delhi. The settlement agreement dated 24.02.2014 is
annexed to this petition as Annexure P-2. The salient terms and conditions
of the said settlement agreement dated 24.02.2014 are as follows:-
"Present: Complainant Monica Jain along with her
father Sh. Vijay Kumar Jain and counsel Sh.
Ravi Garg.
Respondent Sanjay Jain along with counsel Sh.
Vikas Bhatia.
It is a matrimonial dispute. The parties earlier
had arrived to mediation settlement dated 05.12.2011.
That settlement however has not been acted upon and
rather parties got into further litigation by way of
registration of FIR No.370/13, u/s 498A/406 IPC at
P.S. Welcome and also filed at the instance of
complainant against respondent and his family
members and complainant also filed one another
complaint under D.V. Act against the respondent and
they are also involved in execution proceedings arising
in a divorce petition u/s 24 HMA. The parties have
once again come to the Mediation Centre in
proceedings in bail application of respondent/husband
Sanjay Jain from the court of Sh. Ravinder Dudeja
referred to vide order dated 03.02.2014 and have
reached to the settlement on the following terms and
conditions:
It has been agreed upon between the parties that
they would move the court concerned for seeking
divorce by mutual consent and the first motion petition
has been agreed to be filed on or before 04.03.2014
and second motion petition has been agreed to be filed
after six months of passing of order in first motion
petition.
It has also been agreed upon between the parties
that within a period of one month after grant of divorce
by mutual consent they would move to Hon'ble High
Court for quashing of FIR.
It has also been agreed upon between the parties
instead of amount of Rs.5 Lac as agreed earlier the
respondent will compensage for a total amount of
Rs.5.5 Lac at the time of recording statement in the
firest motion petition, second installment of Rs.2 Lac
to be paid at the time of grant of divorce petition and
balance amount of Rs.1.5 Lac has been agreed to be
paid on the date of recording of the statement of
complainant giving her no objection before Hon'ble
High Court in quashing petition u/s 482 Cr.P.C.
It has also been agreed upon between the parties
that the respondent will get prepare one Demand Draft
in the name of complainant of the amount of Rs.2 Lac
towards payment of first installment and copy of DD
to be submitted to the complainant along with copy of
draft petition.
It has been agreed upon that the payment of
second and third installment to be made through
demand draft to be prepared in the name of Monica
Jain.
It has also been agreed upon that Monica Jain
will also withdraw her petition under D.V. Act and
above said execution proceedings on any date after
completion of first motion petition.
It has also been agreed upon that the parties will
not get into any other litigation in future. As far as
issue of two children is concerned, that has already
been settled in earlier settlement dated 05.12.2011.
Parties will remain abide by the same.
There is no other issue between the parties.
It has also been agreed upon between that the
parties that upon having received the copy of DD the
original DD to be kept on Court file along with the
first motion petition and upon having received the
copy of the same the complainant will give no
objection to the pending bail application of
accused/respondent/husband Sanjay Jain.
This settlement has been arrived at between the
parties out of their own free will and volition and they
have signed the same in my presence."
4. In a nutshell it has been agreed by and between the parties that Sanjay
Jain shall pay a sum of Rs.5,50,000/- (Rupees Five Lacs Fifty Thousand
Only) to Monica Jain as full and final settlement against stridhan, dowry
articles, present, past, future maintenance and permanent alimony etc. In
pursuance to the aforesaid settlement, a sum of Rs.4,00,000/- (Rupees Four
Lacs Only) has already been received by the complainant. The balance sum
of Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) has been brought to
the Court in the shape of a Demand Draft bearing No.025089 dated
08.12.2015, drawn on Bank of Baroda, Pusa Road, New Delhi. The same is
handed over to the complainant in Court today who acknowledges receipt
thereof subject to its realization.
5. Monica Jain, respondent No.2/complainant, who is present in Court
and has been duly identified by IO SI Manish Chaudhary, Police Station-
Welcome, Delhi 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 arising therefrom.
6. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Consequently, FIR No.370/2013, under Sections 498A/406/34 IPC
and Section 4 of Dowry Prohibition Act, 1961 registered at Police Station-
Welcome, Delhi and the proceedings emanating therefrom are hereby set
aside and quashed qua all the petitioners subject to their depositing an
aggregate sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with the
Victims' Compensation Fund, Government of NCT of Delhi within a period
of two weeks from today. The receipt of the said deposit shall be furnished to
the concerned IO.
8. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 17, 2016
dn
