Delhi High Court
Mishri Rai & Ors vs The State ( Govt Of Nct Of Delhi) & ... on 8 March, 2016
4
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 08.03.2016
W.P.(CRL) 581/2016 & CRL.M.A. 3256 /2016
MISHRI RAI & ORS ..... Petitioners
Through: Mr Akil Rataeeya, Advocate.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through: Mr Avi Singh, Addl. Standing
Counsel (Crl.) with Ms Meghna Bahl
and Ms Sumi Anand, Advocates with
SI Pankaj, PS- Nangloi.
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.238/2012 under Sections 406/498A/34 IPC registered at
Police Station- Nangloi, Delhi and the proceedings arising therefrom.
2. The subject FIR came to be registered on a complaint filed by
respondent No.2-wife against the petitioner No.1-husband as well as his
family members.
3. Counsel for the parties state that with the aid and intervention of the
Mediation Centre, Tis Hazari Courts, Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by way of
a Memorandum of Understanding/Settlement dated 16.05.2015. The salient
terms and conditions of the afore-stated Memorandum of
Understanding/Settlement are as follows:-
"1. That both parties have decided to dissolve their
marriage by filing petitions Under Section 13-
B(1) & (2) of the Hindu Marriage Act, 1955, for
grant of divorce by mutual consent. Both the
parties shall provide full cooperation/assistance in
getting the marriage dissolved after fulfillment of
the terms of settlement between the parties
appearing in subsequent paragraphs.
2. That the party of the First Part shall pay Rupees 5
lacs (Rupees Five Lacs Only) in full and final
settlement for all her claims regarding
maintenance, past, present and future, alimony,
gift articles, jewellary, garments, costly clothes
except a list of articles annexed hereto.
3. That upon performance and impregnation of the
terms and conditions of this MOU in the manner
hereinafter provided, the party of the second part
shall have no further or surviving claims
regarding permanent alimony, maintenance,
present, past and future, instridihan as stated
above or any other claim against the party of the
First Part.
4. That it is agreed mutually by the parties that
following procedure would be followed:-
(a) It has been settled between parties to the present
petition, that the petitioner no.1 shall pay a total
sum of Rs.5 lakhs (Rupees Five Lakhs only) to
the petitioner no.2 in lieu of permanent alimony,
past present and future maintenance and all the
articles, stridhan etc. It has been further settled
that out of the total sum of Rs. 5 lakhs, an amount
of Rs.1,50,000/- (Rupees One Lac Fifty thousand
only) shall be paid by the petitioner no.1 to the
petitioner no.2 at the time of recording the
statement of first motion before the Hon'ble Court
and an amount of Rs.1,50,000/- (Rupees One Lac
Fifty thousand only) shall be paid by the
petitioner no.1 to the petitioner no.2 at the time of
recording the statement of second motion before
the Hon'ble Court and rest of the amount i.e. Rs.2
lacs shall be paid to by the petitioner no.1 to the
petitioner no.2 at the time of quashing of FIR
bearing No.238/2012 U/s 498A/406/34 IPC P.S.
Nangloi before the Hon'ble High Court of Delhi.
b) It is further settled that the petitioner No.1 shall
pay Rs.40,000/- towards the gold jewellry and Rs.
25,000/- shall be paid towards Pulsar Motorcycle
petitioner No.2. That the said payment of
Rs.40,000/- and 25,000/- has been made by the
petitioner No. 2 vide D.D. No. 132293 and
132292 dated 14.05.2015 issued by the Allahabad
Bank. And the petitioner No. 1 shall return the
articles mentioned in the list Annexed with the
petition as Annexure-A the said articles shall be
return within 15 days after recording the
statement of first motion.
c) The Second Party shall withdraw cases under
Section 12 of Domestic Violence Act filed against
the First Party and his family members pending
before the Hon'ble Court of Ms. Ekta Gauba, Ld.
MM, (Mahila Court), Tis Hazari Courts, Delhi
and a petition under Section 125 Cr.P.C. filed
against the First Party which is also pending
before the Hon'ble Family Court, Tis Hazari,
Delhi on or before filing of first motion.
d) The Second Party will be remain present and
cooperate before the Hon'ble High Court at the
time of quashing of the FIR bearing No.238/2012
U/s 498A/406/34 IPC P.S. Nangloi before the
Hon'ble High Court of Delhi. The Second Party
shall sign the documents, affidavits, required for
filing the quashing petition of the said FIR.
5. That both the parties have signed the present
MOU/Settlement with their free will and without
any force, pressure, coercion, undue influence
fraud and misrepresentation.
6. That if under any circumstances any party backs
out from the Memorandum of Settlement after
signing the same, then the other party shall be at
liberty to approach the Court of law for
implementation of the terms of this Memorandum
of Understanding and enforce the same with all its
in accordance with law."
4. Pursuant to the aforesaid memorandum of understanding a total sum
of Rs.5,10,000/- has already been received by the respondent
No.2/complainant (wife). In addition thereto a Micromax mobile handset has
also been provided to the respondent No.2 by the petitioners herein. It is
observed that pursuant to the settlement arrived at between the parties to the
union, a decree of divorce by mutual consent dated 27.11.2015 has already
been obtained by the parties from the concerned Family Court.
5. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the IO in the subject FIR, namely, SI Pankaj, PS- Nangloi,
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.
6. 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 by way of the
Memorandum of Understanding/Settlement dated 16.05.2015 without any
undue influence, pressure or coercion; as the parties have obtained decree of
divorce by mutual consent on 27.11.2015; and the settlement between the
parties is lawful, no useful purpose will be served by proceeding with the
subject FIR and the proceedings arising therefrom.
7. Resultantly, FIR No.238/2012 under Sections 406/498A/34 IPC
registered at Police Station- Nangloi, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioners subject to
their depositing a sum of Rs.15,000/- 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 IO in the subject FIR.
8. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MARCH 08, 2016
mk
