Delhi High Court
Nitish Singhal & Ors vs The State Govt Of Nct Of Delhi & Anr on 22 February, 2016
Author: Siddharth Mridul
35
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22nd February, 2016
W.P.(CRL) 560/2016 & CRL.M.A. 3149-3150/2016
NITISH SINGHAL & ORS ..... Petitioners
Through: Mr Nishant Kr. Srivastava, Advocate.
versus
THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Mr Amrit Singh, Advocate for
Mr Rahul Mehra, Standing Counsel
(Crl.).
ASI Janardan Singh, PS- Kotla
Mubarakpur.
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.268/2013 under Sections 406/498A/34 IPC registered at
Police Station- Kotla Mubarakpur, 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 16.08.2012. Owing to temperamental and
ideological differences between the parties to the marriage, they started
living separately since 22.04.2013. 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 24.01.2015. The salient terms and conditions of the afore-stated
settlement are as follows:-
"1.That it is agreed between the parties that after singing
this settlement deed/MOU both the parties shall file jointly
mutual divorce petition for first motion U/s 13(B)(1) of
HMA within 10 working days before the concerned court.
2.That after expiry of stipulated period of six months from
order of first motion both the parties shall file second
motion under section 13(b)(II) of H.M.A. 1955 in the
concerned court without any delay and demand by either of
the parties and both the parties shall appear and gave their
statements for second motion before the concerned court
on the date of hearing.
3. That it further agreed between the parties that first party
shall file quashing petition of FIR No.268/13 dated 30-09-
2013 U/s 498-A/406/34 IPC, P.S.: Kotla Mubarakpur, New
Delhi which is against the First Party and his other family
members, before Hon'ble High Court of Delhi, at New
Delhi after getting decree of divorce from concerned court
within 15 working days.
4. That both the parties undertake not to file any legal
(civil, criminal etc.) or quasi legal action or claim in any
form whatsoever against each other or their family
members, relatives and friends except the petition for
decree of divorce and both the parties shall withdraw their
all cases/complaints filed against each other, if any, in any
court of law/authorities after singing this settlement
deed/agreement within 15 working days.
5. That both the parties have settled their claim whatsoever
against each other. After this nothing will remain due on
this account against each other or their family members
and thereafter, the second party and their parents shall not
claim any articles/jewelry/Istridhan etc. and nothing will
remain due on this account against each other and
everything has been settled between them in full and final.
6. That the first party and second party have relinquished
their respective right of maintenance qua each other and
therefore, in terms of the compromise arrived at between
the parties to the present agreement, the parties shall have
no claim against each other on respect of their part, present
and future maintenance including permanent alimony.
7.That the first party and second party have given their
consent out of their free will and violation, without any
force fraud and undue influence.
8. That both the parties have firmly agreed and undertakes
to each other that after signing this settlement deed/MOU
shall not visit or enter into the house/property of each
other."
4. 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 02.11.2015 has already been obtained by the parties from the
concerned Family Court, Saket , Delhi.
5. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the Investigating Officer i.e. ASI Janardan Singh, Police
Station- Kotla Mubarakpur, 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.
6. 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 the
Settlement Deed dated 24.01.2015 without any undue influence, pressure or
coercion; as the parties have obtained decree of divorce by mutual consent
on 02.11.2015; 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.
7. Resultantly, FIR No.268/2013 under Sections 406/498A/34 IPC
registered at Police Station- Kotla Mubarakpur, 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.10,000/- with the Delhi High
Court Legal Services Committee within a period of three weeks from today.
A copy of the receipt thereof shall be provided to the Investigating Officer in
the subject FIR.
8. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 22, 2016
mk
