Delhi High Court
Ajay Yadav & Ors. vs State & Anr on 11 January, 2016
#27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11th January, 2016
+ W.P.(CRL) 67/2016
AJAY YADAV & ORS. ..... Petitioners
Through Ms. Sonia Singhavi and Ms. Rashmi
Singh, Advocates along with
petitioner no. 1
versus
STATE & ANR ..... Respondents
Through Mr. Rajesh Mahajan, ASC (Crl.)
SI Shri Bhagwan, P.S. Neb Sarai
Mr. Sushank Mukund, Adv. for Resp.
no. 2/Complainant along with
complainant
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. 543/2013 under Sections 406/498A/34 IPC registered at
Police Station- Neb Sarai, 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 24th November, 2012. Owing to temperamental
and ideological differences between the parties to the marriage, they started
living separately since 14th December, 2012. 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 Court
of Principal Judge, South Family Court, Saket Court Complex, New Delhi
by way of order dated 28th January, 2015. The salient terms and conditions
of the afore-stated settlement are as follows:-
"xxxx
8. It is agreed between the parties that husband shall pay to
the wife a sum of Rs. 5,25,000/- as full and final settlement
against stridhan, dowry, maintenance towards past, present
and future qua this marriage and nothing remain due qua
this marriage.
9. It is further agreed between the parties that the
respondent will pay Rs. 1,75,000/- to the petitioner at the
time of recording of the statement of first motion.
10. It is further agreed between the parties that the
respondent will pay Rs. 1,75,000/- to the petitioner at the
time of recording of the statement of second motion.
11. It is agreed between the parties that the first motion
petition shall be filed on or before 9th March and second
motion petition shall be filed soon after the completion of
the period of six month of the under u/s 13(B)(1) HMA."
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. 5.25 lakhs
towards all her claims vis. a vis. permanent alimony, dowry articles,
maintenance past, present and future etc. against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement
before the Principal Judge, South Family Court, Saket Court Complex, New
Delhi, the sum of Rs. 3.50 lakhs has already been received by respondent
no.2 (wife). The balance sum of Rs. 1.75 lakhs has been brought to the
Court in the shape of Demand Draft dated 4th January, 2016 bearing No.
508667 drawn on ICICI Bank, Connaught Place, New Delhi Branch 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 18th November, 2015 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 Shri Bhagwan, Police
Station- Neb Sarai, 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 before the Principal
Judge, South Family Court, Saket Court Complex, New Delhi on 28th
January, 2015 without any undue influence, pressure or coercion; as the
parties have obtained decree of divorce by mutual consent; and since 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. 543/2013 under Sections 406/498A/34 IPC
registered at Police Station- Neb Sarai, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
each of the 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.
SIDDHARTH MRIDUL, J
JANUARY 11, 2016
sd
