Delhi High Court
Shiv Kumar & Ors. vs The State & Anr on 19 February, 2016
Author: Siddharth Mridul
#9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 19th February, 2016
+ W.P.(CRL) 274/2016
SHIV KUMAR & ORS. ..... Petitioners
Through Mr. S.K. Vashisht, Advocate along
with petitioner no.1
versus
THE STATE & ANR ..... Respondents
Through Mr. Rajesh Mahajan, ASC (Crl.) with
Ms. Parul Jamwal, Advocate
SI Narinder Kaur, PS Nanak Pura CWC
Mr. S.R. Kaushik, Adv. for Respondent
no. 2/complainant along with
Respondent no. 2/complainant 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. 160/2014 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 customs on 7th March, 2011. A girl child namely Plaksha
was born out of the said wedlock, who is presently in the care and custody of
respondent no.2/complainant (wife) herein. Owing to temperamental and
ideological differences between the parties to the marriage, they started
living separately since 7th October, 2013. 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 learned
Metropolitan Magistrate (Mahila Court), Dwarka Courts, New Delhi, the
outstanding matrimonial dispute between the parties to the union has been
settled amicably on 27th February, 2015 and the statements of the parties to
the marriage have been recorded in this behalf. The respondent no.
2/complainant (wife) has in the said statement dated 27 th February, 2015
stated as follows:-
"Statement of Complainant Ms. Jyoti D/o Sh. Jai Gopal
R/o 45-46, Kamla Park, Dharampura, Najafgarh, New
Delhi.
On SA
I have settled the case with all the respondents before
the court of Ms. Manu Goel Kharb, MM Mahila Court-03,
Dwarka towards full and final settlement amount of Rs.
4,60,000/- out of which Rs. 1.5 lac shall be paid by
respondent no. 1 Shiv Kumar at the time of recording the
statement of first motion of divorce Rs. 1,50,000/- at the
time of recording the statement of second motion of
divorce and last installment of Rs. 1,60,000/- at the time of
quashing the FIR No. 160/2014 u/s 498A/406/34 IPC, PS
Najafgarh before Hon'ble High Court of Delhi. I
undertake that I shall cooperate with the respondent in
quashing the FIR. Respondent no. 1 shall not claim the
custody or any other rights qua the child Plaksha. I will
not claim any maintenance qua the child from respondent
no.1. I am ready to abide by that settlement. I am giving
this statement voluntarily without any force, threat,
coercion or undue influence."
4. Upon a query in this behalf, learned counsel appearing on behalf of
the petitioners states that the statement made on behalf of respondent
no.2/complainant (Wife) shall not and cannot preclude the minor child-
Plaksha from the benefits that may accrue to her in terms of any law in force
including the Hindu Adoption and Maintenance Act, 1956.
5. In a nutshell, it is agreed by and between the parties to the union that
respondent no. 2 (wife) shall be paid a total sum of Rs. 4,60,000/- towards all
her claims against the petitioners.
6. Counsel for the parties further state that pursuant to the said settlement
between the parties to the union, the entire sum of Rs. 4,60,000/- has been
received by respondent no.2 (wife). The latter acknowledges receipt thereof.
7. 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 7th November, 2015 has already been obtained by the parties
from the concerned Family Court, Dwarka, Delhi.
8. Ms. Jyoti, the respondent No.2/complainant (wife), who is present in
Court and has been identified by the Investigating Officer i.e. SI Narinder
Kaur, PS 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.
9. 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 learned
Metropolitan Magistrate (Mahila Court), Dwarka Courts, New Delhi on 27th
February, 2015, without any undue influence, pressure or coercion; as the
parties have obtained decree of divorce by mutual consent on 7th November,
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.
10. Resultantly, the FIR No. 160/2014 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 investing an aggregate sum of Rs. 40,000/- in the
form of Fixed Deposit Receipt in a nationalized bank, in favour of the minor
child- Plaksha, which shall be operated and renewed from time to time under
the guardianship of respondent no. 2/complainant (wife), within a period of
two months from today. A copy of the receipt shall be provided to the
Investigating Officer in the subject FIR.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 19, 2016
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