Delhi High Court
Vikas Dhingra & Anr vs The State ( Govt Of Nct Of Delhi) & ... on 24 February, 2016
42
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24th February, 2016
W.P.(CRL) 612/2016
VIKAS DHINGRA & ANR ..... Petitioners
Through: Mr Sanjeet Kumar, Advocate.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR. ..... Respondents
Through: Ms Neha Dhir, Advocate for
Ms Nandita Rao, Addl. Standing
Counsel (Crl.).
Ms Kalpana Jain, Advocate for R-2.
SI Manish Kumar CAW/East Delhi.
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.370/2013 under Sections 406/498A IPC registered at
Police Station- Gandhi 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 06.10.2011. One female child, namely, Baby
Dimpy was born out of the said wedlock on 17.08.2012, who is in the care
and custody of respondent No.2 (wife). Owing to temperamental and
ideological differences between the parties to the marriage, they started
living separately since 05.10.2013. On a complaint instituted by respondent
no.2 (wife), the subject FIR was registered against the petitioner no. 1
(husband) and his family member.
3. Counsel for the parties state that with the intervention of the relatives
and friends the outstanding matrimonial dispute between the parties to the
union has been settled amicably by way of a Memorandum of Understanding
dated 30.01.2014. The salient terms and conditions of the afore-stated
settlement are as follows:-
"1.That the second party has settled all her claim regarding
past, present and future maintenance.
2. That it has been further agreed between the parties that
after the divorce the second party shall not claim any
maintenance for her and the female child namely Baby
DIMPY. And both the parties will not file any case,
complaint etc. against each other or their family members
in future with respect to this marriage.
3. That the second party has settled all her claim rgarding
past, present and future maintenance in a total sum of
Rs.4,70,000/- (RUPEES FOUR LAC SEVENTY
THOUSAND) and first party has agreed to pay the same to
the second party.
4. That it is necessary to mention that the first party will
pay Rs.1,00,000/- to the second party at the time of
recording of statement of 1st motion before the Hon'ble
court. It is further agreed between the parties that the first
party will pay Rs.1,00,000/- to the second party at the time
of recording of the statement of 2nd motion before the
Hon'ble court.
5. That it has also been agreed between all parties that one
F.D. of Rs.2,00,000/- in the name of Baby DIMPY and
same will be cashed by Baby DIMPY at the time of
attaining the age of majority i.e. 18 yrs and Rs.70,000/-
will be given to the second party at the time of quashing of
the Fir no.370/13 in Hon.ble High Court of Delhi.
6. That one petition u/s. 125 Cr.P.C is filed by the second
party and the same is pending before the HON'BLE
COURT OF MS. VANDANA JAIN, M.M., KKD
COURT, and same is fixed for 31/03/2014. It is agreed
between the parties that the second party will withdraw the
same petition and cooperate in filing the mutual divorce
within 10 days from today i.e. 30.01.2014.
7. That it has been further agreed between the parties that
after the divorce the second party shall not claim any
maintenance for her and minor child Baby DIMPY. And
both the parties will not file any case, complaint etc.
against each other or their family members in future with
respect to this marriage.
8. That it has been further agreed between the parties that
they shall have no concern with each other in future and
they shall be at their liberty to restart their lives as they
like.
9. That this MEMMORANDUM OF UNDERSTANDING
has been executed voluntarily, without any kind of
pressure, force in any manner and they have put their
signature after fully understanding the contents mentioned
herein."
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.4,70,000/-
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.2 lakh has already
been received by respondent no.2 (wife). Out of the balance sum of
Rs.2,70,000/-, a sum of Rs.2,00,000/- has been handed over to the
respondent No.2 (wife) in court today in the form of an FD in the name of
the minor girl Dimpy under the guardianship of respondent No.2. The
balance amount of Rs.70,000/- has been handed over in cash to the
respondent no.2(wife) in court today. The respondent No.2 (wife)
acknowledges receipt thereof.
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 17.03.2015 has already been obtained by the parties from the
concerned Family Court, Karkardooma, Delhi.
7. Respondent No.2/complainant (wife), who is present in Court and has
been identified by her counsel as above, 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 without any undue
influence, pressure or coercion; as the parties have obtained decree of
divorce by mutual consent on 17.03.2015, no useful purpose will be served
by proceeding with the subject FIR and the proceedings arising therefrom.
9. Resultantly, the FIR No.370/2013 under Sections 406/498A IPC
registered at Police Station- Gandhi Nagar, Delhi, and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioners subject
to their depositing a sum of Rs.20,000/- in the name of Dimpy U/G Heena
Rani, A/c No.305800PU00047101, Customer I.D. CPW028083, Punjab
National Bank, Branch- Radhey Puri, Delhi, within a period of two weeks
from today. A copy of the receipt thereof shall be provided to the IO in the
subject FIR.
10. With the above directions the writ petition is allowed and disposed of
accordingly.
11. A copy of this order be given dasti under signature of Court Master to
counsel for the parties.
SIDDHARTH MRIDUL, J
FEBRUARY 24, 2016
mk
