Delhi High Court
Jagdish Chander & Ors vs Nct Of Delhi & Anr on 30 March, 2016
#34
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30.03.2016
W.P.(CRL) 1027/2016
JAGDISH CHANDER & ORS ..... Petitioners
Through: Mr. M.K. Saroja and Mr. Ravi Kant,
Advocates
versus
NCT OF DELHI & ANR ..... Respondents
Through: Ms. Kamna Vohra, ASC (Criminal)
with ASI Surender Singh, PS- Khyala
for R-1
Ms. Anita Verma, Advocate for R-2
along with respondent No.2 in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.5341/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 1027/2016
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 (Cr.P.C.)
seeking quashing of FIR No.28/2014, under Sections 498-A/406/34 IPC,
registered at Police Station- Khyala, Delhi and the proceedings arising
therefrom.
2. The facts in brief are that on 22.11.2011 the petitioner No.1 married
respondent No.2 according to Hindu customs, rites and ceremonies in Delhi.
One female child namely, Rishika was born out of the said wedlock, who is
in the care and custody of respondent No.2. Owing to ideological and
temperamental differences the parties to the marriage have been living
separately since 13.07.2013. On a complaint filed by the respondent No.2
(wife) against her husband (petitioner No.1) and his family members, the
subject FIR was registered.
3. Eventually, better sense prevailed and the parties have decided to
settle all their matrimonial disputes with the assistance of respectable elders
and common relatives and it was orally agreed that petitioner No.1 will pay
Rs.4,10,000/- in total to respondent No.2 towards past, present and future
alimony. Respondent No.2/complainant Mamta has filed an affidavit in
support of the present petition, which is annexed as Annexure P-3 to the
following effect:-
"AFFIDAVIT
I, Mamta w/o Jagdish Chander d/o Shri Kailash
Chand aged about 27 years, r/o B-220, Raghubir
Nagar, Tagore Garden, West, New Delhi-110027
do hereby solemnly affirm and declare as under:-
1. That I am the respondent no.2 in the above
noted case therefore I am well conversant with
the facts of the case and competent to swear the
present affidavit.
2. That I have settled all the disputes with my free
will and choice with all the petitioners.
3. That I have received all the considerations as
settled between the deponent and petitioner
no.1 and the quashing the FIR No.28/2014, u/s
498A/406/34 IPC, P.S. Khyala and
consequential proceedings thereto. On account
of permanent alimony, value for all the
remaining istridhan articles etc. etc., I
undertakes that I shall not raise any claim
whatsoever in future against the petitioners for
any reason whatsoever regarding this marriage
etc.
4. That my marriage with the petitioner no.1 has
been dissolved by the decree of mutual divorce
granted by Sh. Yashwant Singh, Ld. Pincipal
Judge, Family Courts, Tis Hazari Court, Delhi.
The copy of the decree sheet is already annexed
with the petition as Annexure P-2. Now I do
not want to proceed any proceeding against all
the petitioners as all of my disputes have
already been settled.
5. That the contents of accompanying petition
have been explained to me by my counsel in
vernacular and the same are true and best of my
knowledge.
DEPONENT
VERIFICATION
Verified at Delhi on this 18th day of March,
2016 that the contents of the affidavit are true
and correct to my knowledge and nothing
material has been concealed therefrom.
DEPONENT"
4. In pursuance to the aforesaid settlement, the entire sum of
Rs.4,10,000/- has already been received by the respondent
No.2/complainant.
5. Mamta, respondent No.2/complainant, who is present in Court and has
been duly identified by IO ASI Surender Singh, Police Station- Khyala,
Delhi states that in view of the settlement arrived at between the parties, she
is no longer keen to proceed with the subject FIR and the proceedings arising
therefrom.
6. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by the
parties without any undue influence, pressure or coercion, no useful purpose
will be served by proceeding with the subject FIR and the proceedings
arising therefrom.
7. Consequently, FIR No.28/2014, under Sections 498-A/406/34 IPC,
registered at Police Station- Khyala, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their depositing a sum of Rs.10,000/- (Rupees Ten Thousand Only) in
aggregate with the Victims' Compensation Fund, Government of NCT of
Delhi within a period of two weeks from today. The receipt of the said
deposit shall be furnished to the concerned IO.
8. The writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 30, 2016
dn
