Delhi High Court
Vishal Seigell & Anr vs The State & Anr on 29 February, 2016
#49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29th February, 2016
+ W.P.(CRL) 680/2016 and Crl. MA No. 3682/2016 (Exemption)
VISHAL SEIGELL & ANR ..... Petitioners
Through Mr. Shailender Dahiya, Advocate
along with petitioners
versus
THE STATE & ANR ..... Respondents
Through Ms. Richa Kapoor, Addl. Standing
Counsel (Crl.)
SI Om Prakash, PS Amar Colony
Resp. No. 2/Complainant in-person
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 3682/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application is disposed of accordingly.
W.P.(CRL) 680/2016
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 seeking
quashing of FIR No. 695/2014 under Sections 406/498A/34 IPC registered at
Police Station- Amar Colony, 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 30th November, 2013. No child has been born
out of the said wedlock. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 8th March, 2014. On a complaint instituted by respondent no.2 (wife),
the subject FIR was registered against the petitioner no. 1 (husband) and
petitioner no. 2 (mother-in-law).
3. Counsel for the parties state that with the aid and assistance of
Mediation Centre, Saket Courts, New Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by way of
a Settlement Agreement dated 13th October, 2014. The salient terms and
conditions of the settlement as enshrined in the said Settlement Agreement
are as follows:-
"2. It is also agreed between the parties that the
applicant/husband, Shri Vishal Seigell will pay to the
complainant/wife Ms. Mriganka, a total sum of Rs.
45,000/- (Rupees Forty Five Thousand only) in full and
final settlement towards all her claims arising out of the
marriage between the parties including maintenance- past,
present and future, permanent alimony, stridhan and dowry
articles.
3. It is also agreed between the parties that the settled
amount of Rs. 45,000/- will be paid by the second party to
the first party by way of cash/DD in three installments at
different stages, in the following manner:
a) First installment of Rs. 15,000/- (Rupees fifteen
thousand only) will be paid at the time of making
statements by the parties in the first motion petition under
Section 13-B(1) HMA for divorce by mutual consent and
that the said petition will be filed by the parties after
15.3.2015 but not after 30.03.2015.
b) The second installment of 15,000/- (Rupees fifteen
thousand only) will be paid by the second party to the first
party at the time of making statements by the parties in the
second motion petition under Section 13-B(2) HMA which
shall be filed by the parties on the expiry of six months
statutory period of passing the order on first motion
petition.
c) The third and last installment of Rs. 15,000/- (Rupees
fifteen thousand only) will be paid by the second party to
the first party at the time of making statements by the
parties before the Hon'ble High Court of Delhi in quashing
proceedings of FIR No. 695/2014, PS Amar Colony, under
Section 498A/406/34 IPC and that the petition for quashing
of the said FIR will be filed within 15 days of passing the
decree of divorce by mutual consent by the concerned
Court."
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. 45,000/-
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. 30,000/- has already been
received by respondent no.2 (wife). The balance sum of Rs. 15,000/- has
been brought to the Court in the shape of a Demand Draft dated 23rd
December, 2015 bearing No. 079305 drawn on HDFC Bank in favour of
Mriganka Dadwal, 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 15th February, 2016 has already been obtained by the parties
from the concerned Family Court.
7. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the Investigating Officer i.e. SI Om Prakash, Police
Station- Amar Colony, 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 Agreement dated 13th October, 2014, without any undue
influence, pressure or coercion; as the parties have obtained decree of
divorce by mutual consent on 15th February, 2016; 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. 695/2014 under Sections 406/498A/34 IPC
registered at Police Station- Amar Colony, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua both the petitioners.
10. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
FEBRUARY 29, 2016
sd
