Delhi High Court
Amit Bhardwaj vs State ( Nct Of Delhi) & Anr on 29 January, 2016
28
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 29th January, 2016
W.P.(CRL) 272/2016
AMIT BHARDWAJ ..... Petitioner
Through: Mr Rahul Tewari, Advocate.
versus
STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Ms Kamna Vohra, Addl. Standing
Counsel (Crl.) with SI Suresh Chand,
PS- Rajouri Garden.
Mr Manoj Kr. Mahaur, 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.0749/2014 under Sections 406/498A/34 IPC registered
at Police Station- Rajouri Garden.
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 22.08.2009. However, no child has been born out of the said
wedlock. Due to temperamental and ideological differences between the
parties to the marriage, they started living separately since 04.01.2014. On a
complaint instituted by respondent no.2 (wife), the subject FIR was
registered against the petitioner-husband.
3. Counsel for the parties state that the outstanding matrimonial dispute
between the parties to the union has been settled amicably. The salient terms
of the amicable settlement as enshrined in the joint statement of the parties to
the union, recorded at the time of Second Motion under Section 13(B)(2) of
the Hindu Marriage Act before the concerned Family Court, Tis Hazari,
Court, 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) for a sum of Rs.5,50,000/-
towards full and final settlement. Out of the above
settled amount of Rs.5,50,000/-, the first installment
of Rs.1,50,000/- has already been paid by petitioner
no.1 to petitioner no.2 at the time of recording the
statement in First Motion. Second installment of
Rs.1,50,000/- is being paid by paid by petitioner no.1
to petitioner no.2 in the court today by way of DD
bearing No.572007 dated 28.10.15 drawn on
Oriental Bank of Commerce, Tagore Garden, New
Delhi. The copy of same is Ex. P-3. Third and Final
installment of Rs.2,50,000/- shall be paid by
petitioner no.1 to petitioner no.2 at the time of
quashing of FIR No.749/14 u/s 498A/406/34 IPC,
PS: Rajouri Garden, New Delhi before the Hon'ble
High Court of 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.5.5 lakh towards
all her claims vis-à-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.3 lakh has already been
received by respondent no.2 (wife). The balance sum of Rs.2.5 lakh has
been brought to the Court in the shape of a demand draft bearing No.572351
dated 15.01.2016 drawn on Oriental Bank of Commerce, Tagore Garden,
New 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 16.11.2015 has already been obtained by the parties from the
concerned Family Court, Tis Hazari, New Delhi.
7. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the IO in the subject FIR, namely, Suresh Chand, PS-
Rajouri Garden. Counsel representing her, 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 by and between the parties
without any undue influence, pressure or coercion; as the parties have
obtained decree of divorce by mutual consent on 16.11.2015, no useful
purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
9. Resultantly, FIR No.0749/2014 under Sections 406/498A/34 IPC
registered at Police Station- Rajouri Garden, Delhi is hereby set aside and
quashed qua the petitioner subject to his depositing a sum of Rs.2,000/- 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 directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
JANUARY 29, 2016
mk
