Delhi High Court
Rajesh Shahi vs The State ( Govt Of Nct Of Delhi) & ... on 19 January, 2016
34
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 19th January, 2016
W.P.(CRL) 172/2016 & CRL.M.A. 933/2016
RAJESH SHAHI ..... Petitioner
Through: Mr P.C. Jha, Advocate.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through: Mr Rajesh Mahajan, Addl. Standing
Counsel (Crl.).
SI Dinesh Kumar, PS- Ranholla.
Mr Mohit Rajput, Advocate for R-2.
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.278/2014 under Sections 406/498A/34 IPC registered at
Police Station- Ranhola, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner (husband) and respondent
No.2/complainant (wife) were married to each other according to Hindu rites
and customs on 23.02.2006. One female child, namely, Manya has been born
out of the said wedlock, who is in the care and custody of the respondent
No.2. Due to temperamental and ideological differences between the parties
to the marriage, they started living separately since 02.04.2013. On a
complaint instituted by respondent no.2 (wife), the subject FIR was
registered against the petitioner.
3. Counsel for the parties state that the outstanding matrimonial dispute
between the parties to the union has been settled amicably before the
Counseling Cell, Tis Hazari Courts, Delhi on vide settlement dated
13.05.2015. The salient terms of the said settlement dated 13.05.2015, as
born out from the joint statement of the parties dated 26.11.2015 recorded
before the Principal Judge, Family Courts, Tis Hazari, Courts, Delhi, are as
follows:-
"4. We have amicably resolved all our disputes pertaining
to this marriage including istridhan, permanent alimony,
dowry articles and maintenance (present, past & future) as
per Settlement in Counselling Cell, dt. 13.05.2015 before
the Principal Counsellor Ms. Himali Anand at THC, Delhi,
Mark- B for a sum of Rs.3,00,000/- towards full and final
settlement. Out of the said settlement amount, first
installment of Rs.1,00,000/- has already been paid by the
petitioner No.1 to the petitioner No.2 at the time of
recording of statement in First Motion Petition. As per
settlement, second installment of Rs.1,00,000/- is paid
today by the petitioner No.1 to the petitioner No.2 by way
of bankers cheque bearing No.219581, dt. 26.11.2015,
drawn on Punjab National Bank, Branch Yamuna Vihar,
Delhi which is Ex.-2A. Third and final installment of
Rs.1,00,000/- shall be paid by the petitioner NO.1 to the
petitioner No.2 at the time of quashing of FIR bearing
No.278/2014 u/s 406/498A/34, PS: Ranhola, New Delhi."
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. 3 lakhs 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 lakhs has already been
received by respondent no.2 (wife). The balance sum of Rs. 1 lakh has been
brought to the Court in the shape of a cheque bearing No.219582 dated
15.01.2016 drawn on Punjab National Bank, Yamuna Vihar, Delhi, in favour
of respondent no. 2(wife) herein. The respondent No.2 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 26.11.2015 has already been obtained by the parties from the
concerned Family Court, Tis Hazari, Delhi.
7. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the Investigating Officer i.e. SI Dinesh Kumar, Police
Station- Ranhola, 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 the petitioner and respondent no. 2 and resulted in the
registration of the subject FIR, has been settled amicably before the
Counselling Cell, Tis Hazari Courts, by way of a settlement dated
13.05.2015 without any undue influence, pressure or coercion; as the parties
have obtained decree of divorce by mutual consent on 26.11.2015; 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.278/2014 under Sections 406/498A/34 IPC
registered at Police Station- Ranhola, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioner subject to his
depositing a sum of Rs.10,000/- 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 19, 2016
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