Rahul Kain & Ors. vs State & Anr.
2016 Latest Caselaw 1958 Del

31
        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:11.03.2016

W.P.(CRL) 791/2016

RAHUL KAIN & ORS.                                               ..... Petitioners

                           Through:     Mr Narendra Singh, Advocate.



                           versus



STATE & ANR.                                                  ..... Respondents

Through: Ms Srilina Roy, Advocate for Ms Nandita Rao, Addl. Standing Counsel (Crl.).

W/ASI Roshni Sharma, PS- CAW Cell, Nanakpura.

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.31/2014 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 11.05.2013. Owing to temperamental and

ideological differences between the parties to the marriage, they started

living separately since 28.09.2013. 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, Tis Hazari District Courts, Delhi, the outstanding

matrimonial dispute between the parties to the union has been settled

amicably by way of a Settlement/Agreement dated 11.04.2014. The salient

terms and conditions of the afore-stated settlement are as follows:-

"1) The parties have agreed to dissolve their marriage by seeking decree of divorce by mutual consent in accordance with law. The respondent husband has agreed to pay a sum of Rs. 9,50,000/- by way of cash/demand draft in full and final settlement of all the claims of complainant wife which shall include all her claims, past, present and future arising

out of the marriage with respondent Rahul Kain which shall include permanent alimony, maintenance, Istridhan, jewelery and all other miscellaneous expenses. Apart from this, the respondent husband has also agreed to return the following articles to the complainant on 14.05.2014:-

a) Passion bike bearing registration no. DL-3S-CJ-90C1

b) LED Television 32" make Sony (unpacked)

c) Fridge LG Double Door (packed)\

d) Washing machine (used) Whirlpool

The complainant Neha has agreed that she will not claim anything whatsoever from the respondent husband, his parents and his relatives.

The payment schedule is as under:-

a) Rs. One lac shall be paid by way of cash by Sh. Rahul Kain to Ms. Neha at the time of withdrawal of present petition U/s. 12 of Domestic Violence Act from the concerned court.

b) Sh. Rahul Kain shall pay Rs. 1 Lac to the complainant on 14.5.2014 at the time of return of articles mentioned above against proper receipt. The respondent shall transport the articles at the residence of wife and had over the payment and articles as mentioned above to the complainant, Neha against proper receipt.

c) Rs. 3,50,000/- shall be paid by respondent Rahul Kain to complainant Neha at the time of recording statement in first motion petition U/s. 13(B)(1) of HMA.

d) Rs. 3,50,000/- shall be paid by respondent, Rahul Kain to complainant, Neha at the time of recording statement in second motion petition U/s. 13(B)(2) of HMA.

e) It is agreed that First motion and second motion petitions for divorce by mutual consent shall be got drafted by the complainant, Neha and she will inform the respondent for signing and filing the same. Complainant and respondent will exchange the telephone numbers for better communication.

f) Rs. 50,000/- will be paid at the time of quashing of FIR. In case need for quashing FIR does not arise, the husband will pay Rs. 50,000/- within two months from the date of dissolution of marriage.

g) The complainant, Neha ensure that she will make efforts in withdrawing her complaint before CAW Cell and Women Commission in case the complaint has not been converted into a FIR and in case the FIR has been registered, the husband and his family members will not be arrested and the concerned court will observe the conditions set out in this settlement. 498A proceedings will be kept in abeyance (suspended) till the husband secure quashing order U/s. 482 Cr.P.C. from Hon'ble High Court.

2) It is settled that after compliance of the terms of the present settlement, no case/dispute shall remain due between the parties and that none of the parties shall file any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties is pending in any Court or Authority , the same shall be withdrawn/got disposed of by the respective party in respect of present disputes.

The parties have settled their dispute out of their own free will, without any fear, force, coercion or undue influence from any side.

It is agreed that the both the parties shall cooperate with each other for the execution of the settlement, with the assistance of their respective counsels."

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.9,50,000/-

towards all her claims vis. a 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.9 lakh has already been

received by respondent no.2 (wife). The balance sum of Rs.50,000/- has

been brought to the Court in the shape of a Demand Draft dated 09.03.2016

bearing No.138292 drawn on Punjab National Bank, Nanakpura, New 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 04.06.2015 has already been obtained by the parties from the

concerned Family Court, Tis Hazari, Delhi.

7. Respondent No.2/complainant (wife), who is present in Court and has

been identified by the IO in the subject FIR, namely, W/ASI Roshni Sharma,

PS- CAW Cell, Nanakpura Police Station- , 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.

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 by

way of a Settlement/Agreement dated 11.04.2014 without any undue

influence, pressure or coercion; as the parties have obtained decree of

divorce by mutual consent on 04.06.2015; and the settlement between the

parties is lawful, no useful purpose will be served by proceeding with the

subject FIR.

9. Resultantly, the FIR No.31/2014 under Sections 406/498A/34 IPC

registered at Police Station- CAW Cell, Nanakpura, Delhi is hereby set aside

and quashed qua the petitioners subject to their depositing a sum of

Rs.40,000/- 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. With the above directions the writ petition is allowed and disposed of

accordingly.

11. Dasti.

SIDDHARTH MRIDUL, J MARCH 11, 2016 mk