Vishal Gupta & Ors. vs State & Anr
2016 Latest Caselaw 825 Del

#34
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                           Date of decision: 03rd February, 2016

+        W.P.(CRL) 356/2016

         VISHAL GUPTA & ORS.                                 ..... Petitioners
                      Through:             Mr. Dinesh Garg, Adv.

                                versus

         STATE & ANR                                          ..... Respondents

Through: Mr. R.S. Kundu (ASC) with Mr. Ankit Kr. Gulia and Mr. Vishesh Wadhwa, Advs. for State.

Mr. Devender Dhiryan, Adv. with Mr. Dheeraj Singh, Adv. for complainant.

SI Indrapal Singh, CAW Cell/East Distt.

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. 70/2014 under Sections 498A/406/34 IPC registered at

Police Station- Farsh Bazar, 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 18th May, 2013. Owing to temperamental and

ideological differences between the parties to the marriage, they started

living separately since 21st July, 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 the outstanding matrimonial dispute

between the parties to the union has been settled amicably before the Delhi

High Court Mediation and Conciliation Centre. The terms of the above

stated settlement are recorded in the order dated 20th October, 2015 of the

Principal Judge, Family Courts, Karkardooma, Shahdara, Delhi in para No. 3

and are reproduced as follows:-

"The material on record indicates that marriage between the petitioners was solemnized according to Hindu rites and ceremonies on 18.05.2013. They resided together as husband and wife at Delhi. No child was born from the wedlock. Both the petitioners have been staying separetly since 21.07.2013. Due to temperamental differences they could not adjust with each other. Efforts made by friends and relatives also went in waste and they could not reconcile. Both decided to part ways by obtaining decree of divorce by mutual consent. They also settled all their disputes and claims regarding istridhan, dowry, maintenance etc. as mentioned in petition Ex. P-1 and also memorandum of understanding which have been arrived at.

Total settlement was of Rs. 6,75,000/-. Rs. 2,25,000/- has already been paid by Petitioner No. 1 to Petitioner No. 2. Today, Rs. 2,25,000/- has been paid by Petitioner No. 1 to Petitioner No. 2. The balance amount of Rs. 2,25,000/- shall be paid by Petitioner No. 1 to Petitioner No. 2 at the time of quashing of FIR. Petitioners stated that their consent was free and there was no collusion between them. They had made their statements in sound state of mind."

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. 6,75,000/-

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. 4,50,000/- has already been

received by respondent no.2 (wife). The balance sum of Rs. 2,25,000/- has

been brought to the Court in the shape of a Demand Draft dated 27th January,

2016 bearing No. 004033 drawn on Axis Bank, 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 20th October, 2015 has already been obtained by the parties

from the concerned Family Court, Karkardooma, Shahdara, Delhi.

7. Respondent No.2/complainant (wife), who is present in Court and has

been identified by the Investigating Officer i.e. SI Indrapal Singh, CAW

Cell/East Distt. as well as by her counsel, 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 20th October, 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. 70/2014 under Sections 498A/406/34 IPC

registered at Police Station- Farsh Bazar, Delhi and the proceedings arising

therefrom are hereby set aside and quashed qua all the petitioners subject to

petitioners depositing a sum of Rs. 5,000/- each 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 said directions, the writ petition is allowed and

disposed of accordingly.

11. Copy of this order be given dasti under signatures of the Court Master.

SIDDHARTH MRIDUL, J FEBRUARY 03, 2016/sr