Delhi High Court
Nitin Bery & Ors vs State & Anr on 4 March, 2016
#36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 4th March, 2016
+ W.P.(CRL) 711/2016 and Crl. MA No. 4002/2016
NITIN BERY & ORS ..... Petitioners
Through Ms. Manju Mehta and Mr. Kunal Mehta,
Advocates along with petitioners
versus
STATE & ANR ..... Respondents
Through Ms. Nandita Rao, ASC (Crl.) with
Ms. Srilina Roy and Ms. Neha Dhir, Advs.
SI Raman Pratap, CAW Cell, Nanakpura
Ms. Charu Rustagi, Advocate for Resp.
No. 2/Complainant along with
Complainant
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J. (ORAL)
CRL.M.A. No. 4002/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P. (CRL.) 711/2016
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 seeking
quashing of FIR No. 139/2014 under Sections 406/498A/34 IPC registered at
Police Station- CAW Cell, Nanakpura, 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 19th August, 2006. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 13th April, 2010. 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 with the aid and assistance of Mediation
Centre, Patiala House Courts, New Delhi, all outstanding matrimonial disputes
between the parties to the union have been settled amicably by way of a
Settlement Agreement dated 5th June, 2015. The salient terms and conditions of
the afore-stated settlement as enunciated in the order dated 5th June, 2015 are
reproduced below:-
"1. Petitioner is agreed to pay Rs. 11,50,000/- (Rupees
eleven lacs and fifty thousand only) to the respondent as full
and final settlement towards stridhan, past, present and future
alimony and maintenance.
2. Parties have also agreed to go for divorce by mutual
consent and shall file petition in this regard on or before
01.07.2015.
3. The petitioner Shri Nitin Bery shall pay Rs. 4,00,000/-
(Rupees four lacs) out of Rs. 11,50,000/- (Rupees eleven lacs
and fifty thousand) to the respondent at the time of recording
of the statement in the first motion of divorce petition by
mutual consent.
4. The petitioner Shri Nitin Bery shall withdraw his petition
u/s 13(1)(i-a)(i-b) HMA on or before 01.07.2015.
5. The respondent Ms. Poonam Ahuja shall withdraw her
petition u/s 125 Cr.P.C. on the date fixed in the petition before
the court concerned.
6. The parties shall file petition for second motion for divorce
by mutual consent immediately after expiry of six months
from the date of order in the second motion petition.
7. The petitioner Shri Nitin Bery shall pay further Rs.
4,00,000/- (Rupees four lacs) to the respondent at the time of
recording of the statement in the second motion of the divorce
petition.
8. It is further agreed that the parties shall go for quashing
proceedings arising out of FIR No. 139/2014 u/s 498A/406/34
IPC dated 25.09.2014 PS Nanak Pura, New Delhi registered
on the complaint of respondent Ms. Poonam Ahuja.
9. The respondent Ms. Poonam Ahuja shall cooperate in
quashing of the said FIR.
10. That the remaining amount of Rs. 3,50,000/- (Rupees
three lacs and fifty thousand) shall be paid by the petitioner to
the respondent at the time of quashing of FIR before the 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. 11.50 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 Mediation Centre, Patiala House Courts, New Delhi, a sum of Rs.
8.00 lakhs has already been received by respondent no.2 (wife). The balance
sum of Rs. 3.50 lakhs has been brought to the Court in the shape of Demand
Draft dated 18th February, 2016 bearing No. 027551 drawn on HDFC Bank,
Roop Nagar, Delhi-110007 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
29th January, 2016 has already been obtained by the parties from the concerned
Family Court, Patiala House, New Delhi.
7. Ms. Poonam Ahuja, respondent No.2/complainant (wife), who is present
in Court and has been identified by the Investigating Officer- SI Raman Pratap,
Police Station- CAW Cell, Nanakpura, 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 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. 139/2014 under Sections 406/498A/34 IPC
registered at Police Station- CAW Cell, Nanakpura, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners subject
to their depositing a sum of Rs. 25,000/- in aggregate 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. It is also observed that as a consequence of the settlement arrived at by
and between the parties to the marriage, a quietus will be applied to the case
filed by the respondent no.2/complainant (wife) under Section 125 Cr.P.C. as
well as the petition filed by the petitioner no. 1 (husband) against the respondent
no.2/complainant (wife) under Sections 13(1)(ia) and (ib) of Hindu Marriage
Act, 1955, in addition to the disposal of the present writ petition.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MARCH 04, 2016
SD
