Delhi High Court
Rohit Mittal & Ors vs State (Nct Of Delhi) & Anr on 8 January, 2016
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 08th January, 2016
W.P.(CRL) 38/2016
ROHIT MITTAL & ORS ..... Petitioners
Through: Mr Sanjay Agnihotri, Advocate.
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Ms Kamna Vohra, Addl. Standing
Counsel (Crl.) with ASI Tej Ram, PS-
Najafgarh.
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.1089/2014 under Sections 406/498-A/34 IPC registered
at Police Station- Najafgarh, Delhi and the proceedings arising therefrom.
2. The facts in brief are that Rohit and Deepti, petitioner No.1 and
respondent No.2 respectively, were married according to Hindu rites and
ceremonies on 26.06.2012 at Delhi. However, 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
21.11.2013. On a complaint instituted by respondent no.2-wife, the subject
FIR was registered against the petitioner No.1 (husband) and his family
members, who are the other petitioners in the present writ petition.
3. Counsel for the parties state that with the aid and assistance of
Mediation Centre, Dwarka Courts, New Delhi, the parties to the union have
arrived at an amicable resolution of their matrimonial dispute which
culminated into the settlement agreement dated 29.01.2015. The salient
terms and conditions of the said settlement agreement dated 29.01.2015 are
as under:-
"1. That both the abovesaid parties have settled
all their claims/disputes with regard to
marriage between complainant/wife and
respondent/husband. It has been agreed
between them that they shall seek divorce by
mutual consent.
2. That the respondent/husband has agreed to
pay a sum of Rs.9,00,000/- (Rupees nine
lakhs only), towards full and final settlement
of all claims of complainant/wife regarding
dowry articles, stridhan, permanent alimony
and maintenance (past, present and future),
which the complainant/wife has agreed to
accept as such.
3. It has been agreed between the parties that
the settled sum of Rs.9,00,000/- (Rupees nine
lakhs only) shall be paid by the
respondent/husband to the complainant/wife
in four installments by way of cash/DD as
per the following schedule:
(i) First installment of Rs.3,00,000/- shall
be paid at the time of recording of
statement during first motion petition
for divorce by mutual consent u/s. 13-
B(1) of the Hindu Marriage Act, 1955,
which shall be filed on or before
10.12.2015.
(ii) Second installment of Rs.1,50,000/-
shall be paid at the time of disposal of
the above-mentioned connected case
u/s 125 Cr.P.C., in the court of Sh.
Prem Kumar Barthwal, Ld. Judge,
Family Court, Dwarka, New Delhi, in
terms of the present settlement, on the
date fixed i.e. 24.02.2015, subject to
fulfillment of terms and conditions of
this settlement.
(iii) Third installment of Rs.3,00,000/-
shall be paid at the time of recording
of statement during second motion
petition for divorce by mutual consent
u/s. 13-B(2) of the Hindu Marriage
Act, 1955, which shall be filed within
one month of expiry of minimum
statutory period after first motion u/s.
13-B(1) Hindu Marriage Act, 1955, as
per law.
(iv) Fourth/last installment of
Rs.1,50,000/- shall be paid at the time
of recording of statement of
complainant/wife in proceedings for
quashing of FIR No.1089/14, U/s.
406/498A/34 IPC, PS Najafgarh, New
Delhi, before the Hon'ble High Court
of Delhi.
4. It has been agreed between the parties that
petition for quashing of FIR shall be filed by
the respondents within one month from the
passing of decree of divorce and the
complainant/wife shall cooperate in the said
proceedings.
5. That the complainant/wife shall request the
concerned court for disposal of the connected
case u/s. 125 Cr.P.C. as mentioned above,
pending in the court of Sh. Prem Kumar
Barthwal, Ld. Judge, Family Court, Dwarka,
New Delhi, in terms of the present
settlement, on the date fixed i.e. 24.02.2015,
subject to fulfillment of terms and conditions
of this settlement.
6. It has been agreed between the parties hereto
that they shall make appropriate statements
before the concerned courts/authorities and
shall cooperate with each other in all the
legal proceedings.
7. It has been agreed between the parties hereto
that expenses for filing of divorce by mutual
consent shall be borne by the
respondent/husband.
8. It has been agreed between the parties hereto
that they shall not file any claim/case against
each other or family members related to
marriage of complainant/wife and
respondent/husband.
9. That both the parties hereto shall bear their
respective cost of litigation.
10. By signing this settlement, the parties hereto
state that they have no further claims or
demands against each other with respect to
the marriage of complainant/wife and
respondent/husband and all the disputes and
differences in their regard have been
amicably settled by the parties hereto during
the process of mediation and that they shall
not initiate any litigation in future against
each other in respect of marriage of
complainant/wife and respondent/husband,
subject to fulfillment of terms of their
settlement."
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.9 lac towards all
her claims against the petitioners past, present and future.
5. Counsel for the parties further state that pursuant to the said settlement
agreement dated 29.01.2015, a sum of Rs.7,50,000/- has already been
received by respondent No.2 (wife). The balance sum of Rs.1,50,000/- has
been brought to the court in the shape of a demand draft dated 11.12.2015
bearing No. 007335 drawn on Axis Bank Ltd. in favour of respondent
No.2(wife) herein. The respondent No.2 (wife) acknowledges receipt thereof
subject to its encashment.
6. The respondent No.2-complainant, who is present in Court and has
been identified by the IO in the subject FIR, namely, ASI Tej Ram, PS-
Najafgarh, 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 arising therefrom.
7. 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 29.01.2015 without any undue influence,
pressure or coercion; as the parties have obtained decree of divorce by
mutual consent; and since the agreement between the parties is lawful, no
useful purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
8. Resultantly, the FIR No.1089/2014 under Sections 406/498-A/34 IPC
registered at Police Station- Najafgarh, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their depositing a sum of Rs.5,000/- each with the Victims' Compensation
Fund, Government of NCT of 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.
9. With the above said directions the writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
JANUARY 08, 2015
mk
