Delhi High Court
Naveen Kumar vs The State Of Nct Of Delhi & Anr on 19 February, 2016
Author: Siddharth Mridul
#28
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 19.02.2016
W.P.(CRL) 527/2016
NAVEEN KUMAR ..... Petitioner
Through: Mr. Tarunjeet Singh, Advocate
Petitioner in person
versus
THE STATE OF NCT OF DELHI & ANR ..... Respondents
Through: Mr. Ashish Aggarwal, ASC
(Criminal) with SI Parveen Kumar,
PS- Adarsh Nagar, Delhi for R-1
Respondent No.2 in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.2956/2016 (Condonation of Delay in Refiling)
In view of the facts stated in the application which are duly supported
by an affidavit of the applicant/petitioner, the same is allowed.
The delay in re-filing the present writ petition is hereby condoned.
The application is allowed and disposed of accordingly.
W.P.(CRL) 527/2016
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 (Cr.P.C.)
seeking quashing of FIR No.300/2013, under Section 498A IPC, registered
at Police Station- Adarsh Nagar, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that on 01.02.1998 the petitioner married
respondent No.2 according to Hindu customs, rites and ceremonies in Delhi.
One female child, namely, Bhumika, aged 13 years and one male child
namely, Ishant, aged 11 years were born out of the said wedlock.. Owing to
ideological and temperamental differences the parties to the marriage started
living separately since May, 2012. On a complaint filed by the respondent
No.2 (wife) against her husband (petitioner), the subject FIR was registered.
3. It is nothing but good news as appositely stated by Mr. Ashish
Aggarwal, learned Additional Standing Counsel (Criminal) appearing on
behalf of the police that the petitioner-husband as well as the complainant-
wife on account of whose matrimonial discord the subject FIR came to be
registered, have reconciled their differences with the assistance of Delhi
High Court Mediation and Conciliation Centre and have been living together
happily, once again since 13.11.2014. The salient terms and conditions of
the said settlement agreement dated 13.11.2014 are as follows:-
"a) The second party shall have the exclusive
possession of the half portion of ground floor
consisting of two rooms, one kitchen, one toilet,
one bathroom (at the rear side of the property)
bearing No.A-169, Majlish Park, Adarsh Nagar,
Delhi-110033. The front portion of the property
shall remain in possession of the mother in law
(Mrs. Sarti Devi) and father in law (Shri Sher
Singh) of the second party.
b) That husband of Smt. Kavita Saini namely, Shri
Naveen Kumar has agreed to pay a sum of
Rs.30,000/- (Rupees Thirty Thousand only) per
month excluding electricity bill, water tax, house
tax of the property No.A-169, Majlish Park, Adarsh
Nagar, Delhi. The said amount shall be deposited
by Shri Naveen Kumar in the Bank Account
No.10342614394, SBI Branch, Majlish Park,
Adarsh Nagar, Delhi of Smt. Kavita Saini on or
before 10th day of every month.
c) Both the parties have agreed to maintain peace and
harmony in matrimonial home and both the parties
shall not misbehave, abuse or use physical violence
in matrimonial home.
d) That Smt. Kavita Saini has agreed to provide food
and wash clothes of Shri Naveen Kumar.
e) That the second party shall not allow the entry of
first party if he comes home after consuming
alcohol or consumes alcohol in any portion of the
property as mentioned above.
f) The second party shall not claim any right over any
other property of the first party till his lifetime. But
she will only have exclusive possessory right on the
property mentioned above.
g) That the overhead expenses which shall accrue
towards the school fees, tuition fee, books, uniform
etc. of the children namely Bhumika (age 13 years)
and Ishant (age 11 years) shall be paid by the father
Shri Naveen Kumar, besides the amount he is
already paying.
h) That there is a common gate between the front
portion and rear portion of property as mentioned
above. This gate shall remain open from 3.30 p.m.
to 8.30 p.m. and the gate shall be open at any time,
if the children i.e. Bhumika and Ishant or the
parents of the First Party Shri Naveen Kumar
require to use the gate. The gate shall also be left
open by second party, if she has to go out for more
than 24 hours.
i) That the second party shall not interfere in the
business affairs of the first party in any manner."
4. It would only be fair and appropriate to enable the couple to renew
their vows and attempt to live happily ever after. I am also informed at the
Bar that the petition under Section 125 of the Cr.P.C. instituted by the
complainant-wife and the petition under Section 9 of the Hindu Marriage
Act, 1955 instituted on behalf of the petitioner-husband have since been
withdrawn unconditionally.
5. Consequently, while wishing the reunited couple a long and happy
life, it would be just, expedient and necessary to remove the only road-block
that may become an obstacle in their path of happiness.
6. Resultantly, FIR No.300/2013, under Section 498A IPC, registered at
Police Station- Adarsh Nagar, Delhi and the proceedings arising therefrom
are hereby set aside and quashed qua the petitioner.
7. The writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 19, 2016
dn
