Delhi High Court
Sumit Pujara & Ors. vs State & Anr. on 22 February, 2016
Author: Siddharth Mridul
34
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd February, 2016
W.P.(CRL) 559/2016
SUMIT PUJARA & ORS. ..... Petitioners
Through: Mr M.M.Singh and Ms Srujana,
Advocates
versus
STATE & ANR. ..... Respondents
Through: Mr R.S.Kundu, Addl. Standing
Counsel (Crl.).
Mr A.K.Singh, Advocate for R-2.
SI Ashok, PS- Kirti Nagar.
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.508/2014 under Sections 406/498A/34 IPC registered at
Police Station- Kirti Nagar, 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 12.03.2011. Owing to temperamental and
ideological differences between the parties to the marriage, they started
living separately since 28.07.2013. 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 intervention of the family
members and relatives the outstanding matrimonial dispute between the
parties to the union has been settled amicably by way of a Settlement Deed
dated 28.08.2014. The salient terms and conditions of the afore-stated
settlement are as follows:-
"1. That it is mutually agred that First party shall pay a
sum of Rs.10,00,000/- (Rupees Ten Lacs only in total to
the Second Party towards full and final one time permanent
alimony which includes her past, present and future
maintenance and alimony. Out of this amount,
Rs.6,00,000/- (Six Lacs Only) shall be paid by the First
Party to the Second Party at the time of first motion in
petition for grant of divorce by mutual consent before the
Family Courts, Rohini Courts, Delhi. The balance amount
of Rs.3,00,000/- (Rupees Three Lakhs only) out of the said
amount of Rs. 10,00,000/- (Rupees en Lacs only) shall be
paid by the First Party to the Second Party at the time of
Second motion in the aforesaid petition for grant of divorce
by mutual consent and the remaining balance amount of
Rs. 1,00,000/- (One Lacs Only) shall be paid at the time of
quashing of FIR No.508/2014, before the Hon'ble Delhi
High Court at Delhi. It is further agreed that no amount
shall be payable to the Second Party by the First Party at
the time of execution of present Settlement Deed. It further
agreed that amount of Rs. 10,00,000/- will be paid by way
of Demand Draft in favor of second party.
2. That it is further agreed that after the receipt of this
amount of Rs.10,00,000/- (Rupees Ten Lacs only) by the
Second Party from the First Party, the Second Party shall
have no right, title, interest or claim whatsoever either on
any of the moveable/immoveable properties of the First
Party, whether acquired by the First Party by himself or
inherited by him by way of inheritance.
3. That the Second Party acknowledged and accepted that
she has already received all her dowry articles, Stridhan,
Jewellery and other valuables/gifts etc. and nothing
remains due to her from the First Party/family members.
4. That the parties herein have assured each other that
subsequent to this Settlement Deed, there remains no past,
present or future claim of any nature whatsoever, against
each other and every claim of the parties qua each other as
well as family members stands satisfied to the complete
satisfaction of the parties. The Second Party has further
assured the First Party that she will neither seek any
maintenance for herself nor seek any right over the
properties or assets of the First Party or his family
members in future or lodge any other claim of any nature
whatsoever against the First Party and his family members.
5. That neither of the parties does not have any
objectionable photographs of each other and hence any
probability of misuse does not arise at all.
6. That the Maintenance petition No.279/2014, before the
Hon'ble Court of Kamlesh Kumar, Family Court, Rohini,
Delhi and a Domestic violence Act Complaint filed by
Second party bearing no. /2014 pending in the court of
Ms Shilpi Jain, MM, Rohini Court, Delhi for 18.10.2014
and any other case/complaint filed by Second Party shall
be withdraw by her and further undertake to
cooperate/appear & give NOC (Affidavit) in quashing of
the F.I.R. No.508/2014 with PS Kirti Nagar before Hon'ble
High Court of Delhi. However, both the parties undertake
that complaint/suit or any other proceeding which has been
filed by either party, shall withdraw the same.
7. That all the claims of both the parties against each other
and their family members stands settled and both the
parties undertake not to lodge any complaint or initiate any
suit, claim or any other proceeding before any court,
authority, commission etc., except the petition for the
dissolution of their marriage against each other as well as
their family members arising out of the present dispute
after the signing of this Settlement Deed. Both the parties
have further agreed to obtain divorce by way of mutual
consent and undertake to take all steps necessary including
the signing of all the relevant documents including the
petitions etc for both, the First as well as the Second
Motion and appearing before the court & further undertake
to take all steps necessary for the dissolution of their
marriage and quashing of FIR No.508/14, as require under
the law.
8. That the present settlement deed is being executed by
the respective parties out of their own sweet will, without
any force, fraud, coercion or undue influence from either
side."
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.10 lakh towards
all her claims vis. a vis. permanent alimony, stridhan, dowry articles,
maintenance past, present and future etc. against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement
between the parties to the union, a sum of Rs.9 lakh has already been
received by respondent no.2 (wife). The balance sum of Rs. 1 lakh has been
brought to the Court in the shape of revalidated Demand Draft dated
07.08.2015 bearing No.005094 drawn on Indian Bank, Rohini, Sector-24,
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 15.05.2015 has already been obtained by the parties from the
concerned Family Court, Rohini, Delhi.
7. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the Investigating Officer i.e. SI Ashok, Police Station-
Kirti 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 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 by way of a
Settlement Deed dated 28.08.2014 without any undue influence, pressure or
coercion; as the parties have obtained decree of divorce by mutual consent
on 15.05.2015; 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.
9. Resultantly, the FIR No.508/2014 under Sections 406/498A/34 IPC
registered at Police Station- Kirti Nagar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
each of them depositing a sum of Rs.5,000/- with the Victims' Compensation
Fund within a period of two weeks from today. A copy of the receipt thereof
shall 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
FEBRUARY 22, 2016
mk
