Pankaj Khanna & Ors vs The State (Govt Of Nct Of Delhi) ...
2016 Latest Caselaw 1957 Del

#35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                             Date of Decision:11th March, 2016
+      W.P.(CRL) 802/2016 and Crl. MA No. 4416/2016

       PANKAJ KHANNA & ORS                                      ..... Petitioner
                   Through             Mr. I.P. Singh Sirohi, Advocate along
                                       with petitioners

                          versus

       THE STATE (GOVT OF NCT OF DELHI) &ANR           ..... Respondents
                     Through  Ms. Kamna Vohra, ASC (Crl.)
                              Insp. Virender Singh, PS Shahdara
                              Mr. A.K. Tiwari, Adv. for the
                              Resp. No. 2/complainant along with
                              Resp. No. 2/Complainant

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J. (ORAL)

CRL.M.A. No. 4416/2016 (Exemption)

1. Exemptions allowed subject to all just exceptions.

2. The application stands disposed of.

W.P. (CRL.) 802/2016

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. 74/2014 under Sections 406/498A/34 IPC registered at

Police Station- Shahdara, 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 8th February, 2013. Owing to temperamental and ideological

differences between the parties to the marriage, they started living separately

since 27th May, 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 no. 1 (husband) and his family members.

3. Counsel for the parties state that with the aid and assistance of Delhi

Mediation Centre, Karkardooma Courts, Delhi, the outstanding matrimonial

dispute between the parties to the union has been settled amicably as reflected

in the order dated 21st April, 2014. The salient terms and conditions of the

settlement as enshrined in the order dated 21st April, 2014 are as follows:-

"2. It has been agreed between the parties that the respondent/husband shall pay Rs. 3,50,000/- (Rs. Three Lacs Fifty Thousand only) to the complainant against all her claims pertaining to this marriage including stridhan, maintenance (present, past or future), dowry articles, permanent alimony etc.

3. It has been further agreed between the parties that the abovesaid payment shall be made by the respondent/husband to the complainant by way of cash/DD in the court concerned as per the following manner:-

(i) Rs. 75000/- (Rs. Seventy Five Thousand only) shall be payable by the respondent/husband to the complainant/wife at the time of bail on 24.04.2014.

(ii) Rs. 75000/- (Rs. Seventy Five Thousand only) shall be payable by the respondent/husband to the complainant/wife at the time of recording statement of the parties in the first motion petition, which shall be filed by the respondent on or before 10.07.2014.

(iii) Rs. 1,00,000/- (Rs. One Lac only) shall be payable by the respondent/husband to the complainant/wife at the time of recording statement of the parties in the second motion petition, which shall be filed within 15 days after the expiry of stipulated period of six months/as per law.

(iv) Rs. 1,00,000/- (Rs. One Lac only) shall be payable by the respondent/husband to the complainant/wife at the time of quashing of the above said FIR before the Hon'ble High Court of Delhi and the said petition shall be filed within 15 days after passing decree of divorce. It is further agreed between the parties that the complainant shall cooperate with the respondents in Hon'ble High Court for getting the abovesaid FIR quashed as well as for getting divorce as per law."

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. 3.50 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 Delhi Mediation Centre, Karkardooma Courts, Delhi, the entire sum

of Rs. 3.50 lakhs has been received by respondent no.2 (wife). The latter

acknowledges receipt thereof.

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

21st August, 2015 has already been obtained by the parties from the concerned

Family Court, Karkardooma Courts, Delhi.

7. Ms. Minni Sharma, respondent No.2/complainant (wife), who is present

in Court and has been identified by the Investigating Officer i.e. Insp. Virender

Singh, Police Station- Shahdara, 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 before the Delhi

Mediation Centre, Karkardooma Courts, Delhi 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. 74/2014 under Sections 406/498A/34 IPC

registered at Police Station- Shahdara, Delhi and the proceedings arising

therefrom are hereby set aside and quashed qua all the petitioners subject to

their depositing a sum of Rs. 20,000/- in aggregate with the Victims'

Compensation Fund within a period of four weeks from today. A copy of the

receipt thereof 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

following cases, in addition to the disposal of the present writ petition:-

(i) A case filed by the respondent no.2/complainant (wife) under Section 125

Cr.P.C. against the petitioners, pending in the Court of Sh. Pradeep Chaddha,

Principal Judge, Family Court, Karkardooma Courts, Delhi;

(ii) a case filed by the respondent no.2/complainant (wife) under Section 12 of

Domestic Violence Act against the petitioners, pending in the Court of Ms. Ritu

Singh, Ld. MM, Karkardooma Courts, Delhi; and

(iii) a case filed by the petitioner no. 1 (husband) against the respondent

no.2/complainant (wife) under Section 9 of Hindu Marriage Act.

11. With the above directions, the writ petition is allowed and disposed of

accordingly.

SIDDHARTH MRIDUL, J MARCH 11, 2016 SD