Delhi High Court
Parmesh Garg & Ors vs State (Nct Of Delhi) & Anr on 28 January, 2016
#2
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28.01.2016
W.P.(CRL) 2/2016
PARMESH GARG & ORS ..... Petitioners
Through: Mr. Kaushlender Singh, Advocate
Petitioners-in-person
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Ms. Nandita Rao, ASC (Criminal)
with Ms. Srilina Roy, Advocate for
R-1 and SI Satbir Singh, PS- Tilak
Nagar
Mr. Sandeep Singh, Advocate for Mr.
Rajpal Singh, Advocate for R-2 along
with R-2-in-person.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.26/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 2/2016
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 (Cr.P.C.)
seeking quashing of FIR No.318/2014, under Sections 498A/406/34 IPC,
registered at Police Station- Tilak Nagar, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that on 10.10.2010 Ramesh Garg (petitioner
No.1 herein) married Rashmi (respondent No.2/complainant herein)
according to Hindu customs and ceremonies in Delhi. No child was born out
of the said wedlock. Owing to ideological and temperamental differences
the parties to the marriage have been living separately since 15.03.2013. On
a complaint filed by Rashmi against her husband Ramesh Garg and his
family members, the subject FIR was registered.
3. Eventually, better sense prevailed and the parties decided to settle all
their matrimonial disputes with the assistance of Delhi Mediation Centre, Tis
Hazari Courts, Delhi. The settlement agreement dated 01.08.2014 is
annexed to this petition as Annexure C. The salient terms and conditions of
the said settlement agreement dated 01.08.2014 are as follows:-
"1) It is agreed that the wife and husband shall
dissolve their marriage by decree of divorce by mutual
consent without leveling allegations and counter-
allegations against each other in accordance with law.
2) It is agreed that the husband shall pay
Rs.5,60,000/- (Rupees Five Lakhs Sixty Thousand Only)
along with the articles as per Annexure A to the wife
towards her all legal entitlements past, present and future
arising out of the marriage which shall include permanent
alimony, maintenance, istridhan and all other
miscellaneous and legal expenses.
3) It is agreed that the wife and husband shall initiate
appropriate legal proceedings before the Court of
competent jurisdiction at Tis Hazari Courts for recording
of First Motion within one month from today. It is
further agreed that at the time of recording of First
Motion the husband shall pay Rs.2,00,000/- (Rupees Two
Lakhs Only) by way of FD to be issued from nationalized
bank in the name of 'Rashmi Mutreja' (wife) which shall
be kept on judicial record and shall be given to the wife
at the time of recording of second motion and wife shall
be entitled to all benefits accrued to FD including
interest. It is further agreed that the husband shall return
the articles as per the list Annexure 'A' to the wife at the
time of recording of statement in First Motion Petition.
4) It is agreed that husband and wife shall initiate
appropriate legal proceedings for recording of Second
Motion before the court of competent jurisdiction at Tis
Hazari Courts in accordance with law. It is further
agreed that at the time of recording of second motion and
dissolution of marriage by decree of divorce by mutual
consent, the husband shall pay Rs.2,00,000/- (Rupees
Two Lakhs Only) in cash/DD to the wife. It is agreed
that in case if husband does not appear before the Court
of competent jurisdiction for recording of Second
Motion, in that eventuality FDR of Rs.Two Lakhs in the
name of wife shall be delivered to the wife. It is further
agreed that in case if the wife failed to appear for
recording of second motion, in that eventuality, the said
FDR of Rs.Two Lakhs shall be returned back to husband
and he shall be entitled for all benefits arising out of the
said FDR including interest.
5) It is agreed that the husband shall initiate
appropriate legal proceedings for quashing of FIR
bearing No.318/14 u/s 498A/406/34 IPC, P.S. Tilak Marg
within one month after dissolution of marriage and at that
time the husband shall pay Rs.1,60,000/- (Rupees One
Lakh Sixty Thousand Only) in cash/DD to the wife,
before the Hon'ble High Court of Delhi. It is further
agreed that wife shall co-operate for the same.
6) The wife and the husband with the assistance of
their respective counsel shall cooperate in the execution
of the terms and conditions of this settlement.
7) It is settled that after compliance of the terms of
the present settlement, there shall remain no dispute due
between the parties arising out of the said marriage and
that none of the parties shall file any civil or criminal
proceedings against each other in future and that if any
other case/petition/complaint etc. between the parties is
pending in any Court or Authority, the same shall be
withdrawn/got disposed of by the respective party.
8) The parties have settled their dispute out of their
own free will, without any fear, force, coercion or undue
influence from any side."
4. In a nutshell, it has been agreed by and between the parties to the
union that Ramesh Garg shall pay to Rashmi a total sum of Rs.5,60,000/-
(Rupees Five Lakhs Sixty Thousand Only) along with the articles as per
Annexure 'A' towards all her legal entitlements past, present and future
arising out of the marriage. In pursuance thereof, a sum of Rs.4,00,000/-
(Rupees Four Lakhs Only) has already been received by Rashmi. The
balance sum of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand Only) has
been brought to the Court in the shape of a Demand Draft dated 09.11.2015
bearing No.727809, drawn on Corporation Bank, Rohini, Delhi in favour
Rashmi. The same is handed over to Rashmi, the complainant herein in
Court today, who acknowledges receipt thereof subject to encashment. The
parties have already obtained a decree of divorce by mutual consent from the
concerned Family Court by way of order dated 04.08.2015.
5. Rashmi, respondent No.2/complainant, who is present in Court, has
produced her Voter Identity Card and has been duly identified by her counsel
Mr. Sandeep Singh, Advocate, states that in view of the settlement arrived at
between the parties, she is no longer keen to proceed with the subject FIR
and the proceedings arising therefrom.
6. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Consequently, FIR No.318/2014, under Sections 498A/406/34 IPC,
registered at Police Station- Tilak Nagar, 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/- (Rupees Five Thousand Only) each with
the Victims' Compensation Fund, Government of NCT of Delhi within a
period of two weeks from today. The receipt of the said deposit shall be
furnished to the concerned IO.
8. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
JANUARY 28, 2016
dn
