Delhi High Court
Vijender Kumar @ Dinesh Kumar & Ors vs The State & Anr on 29 January, 2016
#45
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29.01.2016
W.P.(CRL) 303/2016
VIJENDER KUMAR @ DINESH KUMAR & ORS ..... Petitioners
Through: Mr. Amitesh Pandey, Advocate
versus
THE STATE & ANR ..... Respondents
Through: Mr. Jamal Akhtar, Advocate for Mr.
Rahul Mehra, Standing Counsel
(Criminal) with ASI Naresh Kumar,
PS- Aman Vihar
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.1611/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 303/2016
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.0281/2014, under Sections 498A/406/34 IPC,
registered at Police Station- Aman Vihar, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that on 08.02.2012 Vijender Kumar (petitioner
No.1 herein) married Archana @ Rachna (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
27.03.2013. On a complaint filed by Archana against her husband Vijender
Kumar 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 Family Courts, Rohini,
Delhi. The settlement agreement dated 27.10.2014 is annexed to this
petition as Annexure B (Colly). The salient terms and conditions of the said
settlement agreement dated 27.10.2014 are as follows:-
"Joint Statement of
Shri Vijender Kumar @ Dinesh Kumar S/o Sh. Rajesh
Kumar, aged about 25 years, R/o F-790, Mangol Puri,
Delhi-110083, Petitioner
Smt. Archana @ Rachna W/o Shri Vijender Kumar @
Dinesh Kumar, aged about 23 years, R/o U Block, House
No.310, 40 Futa Road, Near Dispensary, Prem Nagar,
Delhi-110086, Respondent
On SA
We have resolved our matrimonial disputes and
differences including stridhan, maintenance - past,
present and future, permanent alimony amicably today in
the Court. We have decided to dissolve our marriage by
mutual consent.
I, Vijender Kumar @ Dinesh Kumar, have agreed
to pay a sum of Rs.1 lac and some articles to my wife
towards full and final settlement of all her claims
including stridhan, maintenance - past, present and future
and permanent alimony etc. I shall return the articles as
mentioned in list Mark-A, to my wife on or before
20.11.2014. I shall pay a sum of Rs.35,000 to my wife at
the time of first motion which shall be file don or before
20.11.2014. I shall further pay a sum of Rs.35,000/- to
my wife at the time of second motion which shall be filed
after expiry of statutory period of six months from the
date of first motion. I shall pay the balance amount of
Rs.30,000/- to my wife at the time of quashing of FIR
No.281/14, u/s 498A/406 IPC, PS Aman Vihar before the
Hon'ble High Court of Delhi.
I, Archana @ Rachna, have agreed to accept Rs.1
lac and some articles towards full and final settlement of
all my claims including stridhan, maintenance- past,
present and future and permanent alimony etc. It is
correct that my husband shall return the articles as
mention in list Mark-A to me on or before 20.11.2014. It
is correct that my husband shall pay me a sum of
Rs.35,000/- at the time of first motion which shall be
filed on 20.11.2014. It is correct that my husband shall
further pay me a sum of Rs.35,000/- at the time of second
motion which shall be filed after expiry of statutory
period of six months from the date of first motion. It is
correct that my husband shall pay me the balance amount
of Rs.30,000/- at the time of quashing of FIR No.281/14,
u/s 498A/406 IPC PS Aman Vihar before the Hon'ble
High Court of Delhi . I shall cooperate with my husband
in quashing of the said FIR before the Hon'ble High
Court of Delhi.
We have agreed that we shall not file any litigation -
criminal or civil against each other and our respective
family members qua this marriage in any court of law or
authority in future. We shall be bound by our statement.
We pray that the petition be disposed of as
compromised."
4. In a nutshell, it has been agreed by and between the parties to the
union that Vijender Kumar shall pay to Archana a total sum of Rs.1,00,000/-
(Rupees One Lakh Only) along with some articles towards all her legal
entitlements past, present and future and permanent alimony arising out of
the marriage. In pursuance thereof, a sum of Rs.75,000/- (Rupees Seventy
Five Thousnad Only) has already been received by Archana. The balance
sum of Rs.25,000/- (Rupees Twenty Thousand Only) has been brought to the
Court in cash. The same is handed over to Archana, the complainant herein
in Court today, who acknowledges receipt thereof. The parties have already
obtained a decree of divorce by mutual consent from the concerned Family
Court by way of order dated 12.10.2015.
5. Archana, respondent No.2/complainant, who is present in Court and
has been identified by IO ASI Naresh Kumar, Police Station- Aman Vihar
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.0281/2014, under Sections 498A/406/34 IPC,
registered at Police Station- Aman Vihar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners.
8. The writ petition is disposed of accordingly.
9. No costs.
SIDDHARTH MRIDUL, J
JANUARY 29, 2016
dn
