Delhi High Court
Awdesh vs State & Anr on 8 March, 2016
#50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 8th March, 2016
+ W.P.(CRL) 748/2016 and Crl. MA No. 4160/2016
AWDESH ..... Petitioner
Through Mr. Ranjan Kumar and Mr. Sumit
Kumar, Advocates along with petitioner
versus
STATE & ANR ..... Respondents
Through Mr. Ashish Aggarwal, ASC (Crl.) with
Mr. Piyush Singhal, Adv.
SI Shabbir Ahmed, PS Sangam Vihar
Respondent no. 2/Complainant in-person
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J. (ORAL)
CRL.M.A. No. 4160/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P. (CRL.) 748/2016
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. 457/2013 under Sections 406/498A/34 IPC registered at
Police Station- Sangam Vihar, 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 6th March, 2011. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 10th January, 2013. 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 (husband).
3. Counsel for the parties state that with the aid and assistance of Principal
Judge, South District, Family Court, Saket Courts, New Delhi, the outstanding
matrimonial dispute between the parties to the union has been settled amicably
as reflected in the judgment and order dated 8th October, 2015 and the joint
statement of the parties to the marriage recorded in this behalf on 6th October,
2015. In the said statement dated 6th October, 2015, both the petitioner
(husband) and respondent no. 2(wife) stated as follows:-
"Joint Statement of:-
Smt. Kiran, aged about 21 years, D/o Sh. Murari Lal, R/o
E-6/80, Ratiya Marg, Sangam Vihar, New Delhi, petitioner
no. 1
Sh. Awdesh, aged about 27 years, S/o Sh. Vijay, R/o
Village Haspura, Mohalla Purvala, PS Noorpur, Distt.
Bijnor, (U.P.), petitioner no. 2
On SA
We got married on 06.03.2011 at Kaniyadan Mahadan
(Regd.), Gandhi Harijan, Vidhyala, Dakshin Puri, Dr.
Ambedkar Nagar, New Delhi according to Hindu rites and
ceremonies. Proof of marriage - Marriage Certificate is Ex.
P1.
First Motion petition bearing HMA No. 1102/14 was
presented on 18.11.2014 and has already been allowed vide
order dated 08.01.2015. I, petitioner no. 1, have placed on
record photocopy of my Aadhar card, in proof of my
identity/residence, same is Ex. P2 (OS & R). I, petitioner
no.2, have placed on record photocopy of my election identity
card, in proof of my identity/residence, same is Ex.
P3(OS&R).
After marriage, we both resided together as husband and
wife at Delhi. No child was born out of this wedlock. We
have been living separately since 10.01.2013 and have not
been able to live together since then. We have not cohabited
with each other ever since the day of our separation and even
after passing of order dated 08.01.2015 by this Court, in the
first motion petition bearing HMA No. 1102/14. There is no
possibility of our living together again as husband and wife,
on account of temperamental differences. Efforts for
reconciliation and resolution of differences made by us, family
members and well wishers have failed. We have voluntarily
decided to dissolve our marriage by mutual consent. Our
consent has not been obtained by fraud, force/undue influence
or pressure from any corner. There is no collusion between us
in filing the present petition.
We have amicably resolved out of court, all our disputes
with respect to istridhan, permanent alimony and maintenance
(past, present and future) as per the terms and conditions
mentioned in the present petition, Ex. PX and in the
Settlement Deed, Ex. PY.
As per settlement, petitioner no. 2/husband has agreed to
pay a total sum of Rs. 2,00,000/- to petitioner no. 1/wife in
full and final settlement of all her claims of istridhan
permanent alimony and maintenance (present, past and
future). Out of the said amount, a sum of Rs. 75,000/- has
already been received by the petitioner no. 2/wife from
petitioner no. 1/husband at the time of recording of first
motion statement. Today, a sum of Rs. 65,000/- is received
by the petitioner no. 2/wife from petitioner no. 1/husband in
cash. It has been agreed that balance amount of Rs. 60,000/-
shall be paid by the petitioner no. 1/husband to petitioner no.
2/wife at the time of quashing of FIR bearing no. 457/13,
under Sections 498A/406/34 IPC, PS Sangam Vihar before
Hon'ble Delhi High Court. With this payment nothing
remains due towards petitioner no. 2 from petitioner no. 1.
We both undertake to withdraw all the
cases/complaint/petition, if any, and further not to file any
case/complaint against each other/respective family members
at any point of time in future with regard to this marriage.
We both undertake to abide by the terms and conditions
mentioned in the present petition, Ex. PX and in the
Settlement Deed, Ex. PY. With this, no claims/disputes of
any kind whatsoever are left between both of us against each
other. We have made the above statement out of our own free
will and without any force, threat, duress, coercion or any kind
of pressure from any corner.
Present petition has been signed and verified by both of us
and same is supported by our affidavits. Contents of the
petition are correct. We pray that our petition may be allowed
and our marriage be dissolved by mutual consent."
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. 2 lakhs towards all her
claims vis. a vis. permanent alimony, dowry articles, maintenance past, present
and future etc. against the petitioner.
5. Counsel for the parties further state that pursuant to the said settlement
before the Principal Judge, South District, Family Court, Saket Courts, New
Delhi, a sum of Rs. 1,40,000/- has already been received by respondent no.2
(wife). The balance sum of Rs. 60,000/- has been brought to the Court in the
shape of Demand Draft dated 20th February, 2016 bearing No. 825091 drawn on
State Bank of India, District Courts Complex, Saket, Delhi 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 8th
October, 2015 has already been obtained by the parties from the concerned
Family Court, Saket Courts, New Delhi.
7. Ms. Kiran, respondent No.2/complainant (wife), who is present in Court
and has been identified by the Investigating Officer i.e. SI Shabbir Ahmed,
Police Station- Sangam Vihar, 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 and respondent no. 2 and resulted in the registration
of the subject FIR, has been settled amicably before the Principal Judge, South
District, Family Court, Saket Courts, New Delhi on 8th October, 2015 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. 457/2013 under Sections 406/498A/34 IPC
registered at Police Station- Sangam Vihar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioner subject to his
further paying a sum of Rs. 10,000/- to the respondent no.2/complainant (wife)
as costs within a period of four weeks from today.
10. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MARCH 08, 2016
SD
