Delhi High Court
Ajay Kumar & Anr vs The State (Gnct Of Delhi) & Anr on 11 March, 2016
33
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:11.03.2016
W.P.(CRL) 798/2016
AJAY KUMAR & ANR ..... Petitioners
Through: Mr Anil Kumar Jangra, Advocate.
versus
THE STATE (GNCT OF DELHI) & ANR ..... Respondents
Through: Ms Richa Kapoor, Addl. Standing
Counsel (Crl.).
SI Yashbir Singh, PS- New
Usmanpur.
Ms Neha Sharma and Ms Pratibha
Shukla, Advocate for R-2.
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 (hereinafter
referred to as 'the Code') seeking quashing of FIR No.0390/2013 under
Sections 406/498A/34 IPC registered at Police Station- New Usman Pur,
Delhi.
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 29.01.2012. A boy child namely Daksh was born
out of the said wedlock and is in the care and custody of respondent
no.2/complainant (wife) herein. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 26.07.2012. On a complaint instituted by respondent no.2 (wife), the
subject FIR was registered against the petitioners.
3. Counsel for the parties state that with the aid and assistance of the
Mahila Court (N/E), Karkardooma Courts, Delhi, the outstanding
matrimonial dispute between the parties to the union has been settled
amicably. The salient terms and conditions as enshrined in the joint
statement of the parties dated 02.06.2014 recorded before the Mahila Court
(N/E), Karkardooma Courts, Delhi, are as follows:-
"i) We are the complainant and the accused respectively in
the present FIR. We have settled the matter for a total sum
of Rs.6,00,000/- towards full and final settlement of all the
claims arising out of our matrimonial alliance on the
following terms and conditions:-
i) Rs. 1,00,000/- shall be paid by the accused to the
complainant on 04.07.2014 before the Court itself.
ii) Rs. 1,00,000/- shall be paid by the accused to the
complainant at the time of recording statement during the
first motion for divorce which shall jointly be filed in July
2014 itself,
iii) Rs. 2,00,000/- shall be paid by the accused to the
complainant at the time of recording statement during the
second motion for divorce, which shall be filed
immediately after completion of six months from the date
of the first motion,
iv) Rs. 2,00,000/- shall be paid by the accused to the
complainant at the time of recording statement of the
parties in the quashing petition before the Hon'ble Delhi
High court in respect of the present FIR,
v) the complainant shall withdraw the pending petition
under Section 12 D.V. Act, and Section 125 Cr.P.C.
immediately after completion of first motion for divorce.
vi) the complainant shall compound the offences under
Section 323/341/506 IPC in respect of the pending FIR
No.58/14, P.S G.T.B Enclave, Delhi,
vii) The accused shall withdraw the petition filed by him
under Section 9 of Hindu Marriage Act, pending before the
Ld. ADJ, Aligarh, U.P immediately after completion of
first motion for divorce,
viii) That the custody of the minor child of the parties
Master Daksh shall permanently remain with the
complainant and the accused shall not file any case for the
custody of the said child."
4. Counsel for the parties state that pursuant to the said settlement
between the parties to the union, a sum of Rs.5 lakh has already been
received by respondent no.2 (wife). The balance sum of Rs.1 lakh has been
brought to the Court in the shape of a Demand Draft dated 01.01.2016
bearing No.445916 drawn on Punjab National Bank, Talaspur Kalan,
Aligarh, U.P., in favour of respondent no. 2(wife) herein. The latter
acknowledges receipt thereof subject to its encashment.
5. 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 10.04.2015 has already been obtained by the parties from the
concerned Family Court, North East District, Vishwas Nagar, Delhi.
6. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the IO in the subject FIR, namely, SI Yashbir Singh, PS-
New Usmanpur, 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.
7. 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:
i) Petition filed by the respondent no.2/complainant (wife) under
Section 125 of the Code.
ii) Petition under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 filed by the respondent
no.2/complainant (wife).
iii) FIR No.58/14 under Section 323/341/506 IPC Police Station-
G.T.B.Enclave, Delhi.
iv) Petition under Section 9 of Hindu Marriage Act, filed by the
petitioner No.1.
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 without any undue influence, pressure or coercion; as the
parties have obtained decree of divorce by mutual consent on 10.04.2015;
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.0390/2013 under Sections 406/498A/34 IPC
registered at Police Station- New Usman Pur, Delhi, is hereby set aside and
quashed qua the petitioners subject to their depositing a sum of Rs.10,000/-
each 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.
SIDDHARTH MRIDUL, J
MARCH 11, 2016
mk
