Delhi High Court
Vedvart Rohilla & Ors. vs The State (Gnct Of Delhi) & Anr on 14 March, 2016
Author: Siddharth Mridul
29
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:14.03.2016
W.P.(CRL) 815/2016 & CRL.M.A. 4495/2016
VEDVART ROHILLA & ORS. ..... Petitioners
Through: Mr Nitin Mehta, Advocate.
versus
THE STATE (GNCT OF DELHI) & ANR ..... Respondents
Through: Ms Richa Kapoor, Addl. Standing
Counsel (Crl.) with Mr Ashish Negi,
Advocate.
SI Ajay Kumar, 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.129/2013 under Sections 406/498A/34 IPC registered at
Police Station- Nangloi, 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 ceremonies on 19.11.2010. A male child, namely, Shaurya
was born out of the said wedlock and is in the care and custody of
respondent No.2. Owing to temperamental and ideological differences
between the parties to the marriage, they started living separately since May
2012. On a complaint instituted by respondent No.2, the subject FIR was
registered against the petitioners.
3. Counsel for the petitioners as well as the respondent No.2, who
appears in person and has been identified by the IO in the subject FIR,
namely, SI Ajay Kumar, PS- Nangloi, state that with the aid and assistance
of the Counselling Cell, Family Courts, Dwarka Court, New Delhi, the
outstanding matrimonial dispute between the parties to the union has been
settled amicably vide Settlement dated 19.02.2015. The salient terms and
conditions as enshrined in Settlement dated 19.02.2015, are as follows:-
"1. It is agreed between both the parties that they will
take divorce by mutual consent.
2. It is agreed that the petitioner will pay an amount
of Rs.8,00,000/- i.e. Rs.4,50,000/- to the
respondent/wife and Rs. 3,50,000/- to the minor
son Shaurya as full and final settlement and
nothing remains due towards jewelery articles,
dowry, stridhan, permanent alimony etc. qua this
marriage.
3. It is agreed that the petitioner will pay an amount
of Rs. 20,000/- in cash to the respondent/wife at
the time of recording statements of settlement.
4. It is agreed that the first motion petition will be
filed within one month of the settlement and the
petitioner will pay Rs. 2,50,000/- i.e. Rs.
1,00,000/- in the form of DD to the wife and Rs.
1,50,000/- in the form of FDR in the name of
minor son Shaurya.
5. It is agreed that the second motion petition will be
filed after expiry of statutory period of six months
and the petitioner will pay Rs. 2,50,000/- i.e. Rs.
1,00,000/- in the form of DD to the wife and Rs.
1,50,000/- in the form of FDR in the name of
minor son Shaurya.
6. It is agreed that both the parties will approach the
Hon'ble High Court of Delhi in quashing the
matter u/s 498A, 406, 34 IPC vide FIR bearing
No.129/13 at PS Nangloi within one month of
obtaining the decree of divorce and the petitioner
will pay Rs. 2,80,000/- i.e. Rs. 2,30,000/- in the
form of DD to the wife and Rs. 50,000/- in the
form of FDR in the name of minor son Shaurya.
7. It is agreed that the respondent will withdraw her
cases i.e. matter under DV Act pending before the
court of Ms. Ekta Gaba, Ld. MM, Tis Hazari
Courts, Delhi and maintenance petition u/s 125
Cr.PC pending before the court of Ms. Reena
Singh Nag, ld. Principal Judge Family Court, Tis
Hazari Courts, Delhi.
8. It is agreed between the parties that the custody of
minor son Shaurya aged about 3 years shall
remain with the mother/respondent and the
father/petitioner shall have visitation rights to
meet the child once in a month i.e. on Third
Saturday of every month at Children's Room,
Family Court, Dwarka Courts, New Delhi
between 2:30 PM to 4:00 PM.
9. It agreed between the parties that if any party
backs out from the settlement, a penalty of Rs.
2,00,000/- shall be levied on the defaulting party.
In case the wife backs out from the settlement, she
will be liable to refund the amount which might
have received.
10. It is agreed that the parties will withdraw all
pending cases, if any, and will not file any fresh
complaints/litigation against each other.
11. It is agreed that the parties shall remain bound
with the terms and conditions as mentioned in this
settlement."
4. Counsel for the petitioners as well as the respondent No.2, further
state that pursuant to the said settlement between the parties to the union, a
sum of Rs.5,20,000/- has already been received by respondent No.2 as per
the terms of the settlement. The balance sum of Rs.2,80,000/- has been paid
to the respondent No.2 in court today as follows:-
(i) Rs.50,000/- by way of a cheque bearing No.437686 drawn on
Axis Bank Ltd., Khan Market, New Delhi, dated 14.03.2016 in
the name of Shaurya (the minor son).
(ii) Rs.2,30,000/- by way of a demand draft bearing No.000998
dated 12.01.2016 drawn on Axis Bank Ltd., Mukherjee Nagar,
Delhi, in favour of Meenakshi (the complainant).
5. The respondent No.2 acknowledges receipt of the abovementioned
cheque/demand draft subject to their 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 04.11.2015 has already been obtained by the parties from the
concerned Family Court, Tis Hazari Courts, Delhi.
7. Respondent No.2 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 without any undue influence, pressure or coercion; as the
parties have obtained decree of divorce by mutual consent on 04.11.2015;
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.129/2013 under Sections 406/498A/34 IPC
registered at Police Station- Nangloi, Delhi, is hereby set aside and quashed
qua the petitioners subject to their depositing a sum of Rs.25,000/- in the
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 I O
in the subject FIR.
10. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MARCH 14, 2016
mk
