Delhi High Court
Sandeep Kundu vs The State & Anr on 18 March, 2016
#39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:18th March, 2016
+ W.P.(CRL) 882/2016 and Crl. MA No. 4808/2016
SANDEEP KUNDU ..... Petitioner
Through Mr. Parveen Pruthi, Advocate along with
petitioner
versus
THE STATE & ANR ..... Respondents
Through Ms. Kamna Vohra, ASC (Crl.)
SI Mahendra Pratap, PS Keshav Puram
Mr. Arvind Rana, 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. 4808/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of.
W.P. (CRL.) 882/2016
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. 153/2013 under Sections 406/498A IPC registered at
Police Station- Keshav Puram, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner (husband) and respondent
No.2/complainant (wife) were married to each other according to Hindu rites
and customs on 29th March, 2012. No child has been born out of the said
wedlock. Owing to temperamental and ideological differences between the
parties to the marriage, they started living separately since October, 2012. On
a complaint instituted by respondent no.2 (wife), the subject FIR was registered
against the petitioner (husband).
3. Counsel for the parties state that with the aid and assistance of Delhi
Mediation Centre, Rohini Courts, Delhi, the outstanding matrimonial dispute
between the parties to the union has been settled amicably as reflected in the
order dated 19th August, 2015. The salient terms and conditions of the
settlement as enshrined in the order dated 19th August, 2015 are as follows:-
"1. The parties shall get dissolved their marriage by a decree
of divorce by mutual consent without levelling allegations and
counter allegations against each other in accordance with law
before the Court of competent jurisdiction in Delhi.
2. The respondent/husband shall pay a total sum of Rs.
12,50,000/- (Rupees Twelve Lac Fifty Thousand only) as full
and final settlement to the petitioner/wife qua all her
claims/maintenance past, present and future arising out of the
marriage with respondent which shall include her permanent
alimony, istridhan, dowry articles, maintenance, etc.
3. The settlement amount of Rs. 12,50,000/- shall be paid by
the respondent/husband to the petitioner/wife by way of
cash/DD in three installments in the following manner:-
(i) First installment of Rs. 2,50,000/- (Rupees Two Lac Fifty
Thousand only) at the time of recording statements in
First Motion Petition u/s 13B(1) of Hindu Marriage Act
which shall be filed by the parties jointly within a week
from today.
(ii) Second installment of Rs. 5,00,000/- (Rupees Five Lac
only) at the time of recording statements in Second
Motion Petition u/s 13B(2) of Hindu Marriage Act
which shall be filed by the parties jointly within one
month after expiry of statutory period of six months
after first motion.
(iii) Third and last installment of Rs. 5,00,000/- (Rupees
Five Lac only) shall be paid at the time of quashing of
FIR No. 153/2013, PS Keshav Puram, U/s 498A/406
IPC State vs. Sandeep Kundu & Ors., which shall be
moved within one month of Second Motion before the
Hon'ble High Court of Delhi. The complainant shall
cooperate in quashing of the said FIR.
4. The petitioner/wife shall withdraw her complaint under DV
Act from the court concerned on the next date of hearing."
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. 12.50 lakhs towards all
her claims vis. a vis. permanent alimony, dowry articles, maintenance past,
present and future etc. against the petitioner.
5. Counsel for the parties further state that pursuant to the said settlement
before the Delhi Mediation Centre, Rohini Courts, Delhi, a sum of Rs. 7.50 lakh
has already been received by respondent no.2 (wife). The balance sum of Rs.
5.00 lakhs has been brought to the Court in the shape of a Demand Draft dated
15.03.2016 bearing No. 133792 drawn on Oriental Bank of Commerce,
0741/Rohtak-Sonepat Road, Delhi, in favour of respondent no. 2(wife) herein
(copy of the same has been placed on record). 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 5th
March, 2016 has already been obtained by the parties from the concerned
Family Court, Rohini Courts, Delhi.
7. Ms. Garima Dalal, respondent No.2/complainant (wife), who is present in
Court and has been identified by the Investigating Officer namely SI Mahendra
Pratap, Police Station- Keshav Puram, 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 and respondent no. 2 and resulted in the registration
of the subject FIR, has been settled amicably before the Delhi Mediation Centre,
Rohini 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. 153/2013 under Sections 406/498A IPC
registered at Police Station- Keshav Puram, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioner subject to his
depositing a sum of Rs. 10,000/- with the Victims' Compensation Fund within
a period of two 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) CC No. 146/4/15 titled as Garima Dalal vs. Sandeep Kundu & Ors. under
Section 12 of Domestic Violence Act against the petitioner, pending in the
Court of Ms. Susheel Bala Dagar, Ld. MM, Rohini Courts, Delhi.
(ii) Bail Application No. 5955/RC titled State vs. Sandeep Kundu, pending in
the Court of Sh. Kanwal Jeet Arora, Learned ASJ, Rohini Courts, Delhi.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MARCH 18, 2016
SD
