Delhi High Court
Vinay Kumar & Ors vs State Of Nct Of Delhi & Anr on 6 May, 2016
#29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 6th May, 2016
+ W.P.(CRL) 1424/2016 and Crl. MA No. 7372/2016
VINAY KUMAR & ORS ..... Petitioners
Through Mr. Vikas Rao, Advocate along with
petitioners
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through Mr. Sanjay Lao, ASC (Crl.) with
Mr.Siddharth Sandhu, Advocate
SI Vikash, PS Baba Haridas Nagar
Respondent no. 2/complainant in-person
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J. (ORAL)
Crl. MA No. 7372/2016 (for condonation of delay in re-filing the present
writ petition)
1. For the reasons stated in the application, the same is allowed. The delay
in re-filing the present writ petition is hereby condoned.
2. The application is disposed of accordingly.
W.P.(CRL) 1424/2016
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. 645/2014 under Sections 406/498A/34 IPC registered at
Police Station- Baba Haridas Nagar, 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 ceremonies on 28.02.2009. 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 the year 2010. 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 Mediation
Centre, Dwarka Courts, New Delhi, the outstanding matrimonial dispute
between the parties to the union has been settled amicably by way of Settlement
Agreement dated 12th March, 2015. The salient terms and conditions of the said
settlement are encapsulated as follows:-
"2. That the respondent/husband Sh. Vinay Kumar (For
himself and also on behalf of other respondents) shall pay a
total sum of Rs. 12,50,000/- (Rupees Twelve Lakh Fifty
Thousand only) alongwith articles as per the admitted list
annexed hereto as Annexure 'A' (running in two pages i.e.
from Sr. No.1 to 39), duly signed by the parties hereto and the
counsel for respondents, towards full and final settlement of
all her claims regarding dowry, stridhan, permanent alimony
and maintenance (past, present and future), which the
complainant/wife Ms Kaushalya has agreed to accept as such.
3. It has been agreed between the parties hereto that the
settled sum of Rs. 12,50,000/- (Rupees Twelve Lakh Fifty
Thousand only) shall be paid by the respondent/husband Sh.
Vinay Kumar (for himself and also on behalf of other
respondents) to the complainant/wife Ms. Kaushalya by way
of cash/DD in four instalments, as per the following schedule:
(i) 1st instalment of Rs. 2,00,000/- (Rupees Two Lakh
only) shall be paid at the time of grant of bail, before
the Hon'ble Referral Court, on or before 20.03.2015.
(ii) 2nd instalment of Rs. 2,00,000/- (Rupees Two Lakh
only) shall be paid at the time of recording of statement
during first motion petition u/s 13(B)(1) of HMA,
which shall be filed jointly by the parties i.e
complainant/wife and the respondent/husband, on or
before 07.04.2015.
(iii) 3rd instalment of Rs. 4,00,000/- (Rupees Four Lakh
only) shall be paid at the time of recording of statement
during second motion u/s 13(B)(I1) of HMA, which
shall be filed within 15 days after expiry of minimum
statutory period from the date of first motion petition
u/s 13(B)(I) of HMA, as per law.
(iv) 4th/Last instalment of Rs. 4,50,000/- (Rupees Four
Lakh Fifty Thousand only) shall be paid at the time of
recording of statement of complainant/wife in
proceedings for quashing of FIR No. 645/2014, PS
Baba Haridas Nagar, u/s 498A/406/34 IPC, before the
Hon'ble High Court of Delhi, against all the
respondents in FIR No. 645/14.
4. That the application for quashing of FIR No.
645/2014, u/s 498A/406/34 IPC, PS Baba Haridas
Nagar, New Delhi shall be filed by all the respondents
in FIR No. 645/14, within one month, after passing of
decree of divorce and the complainant Ms. Kaushalya
shall appear before the Hon'ble High Court of Delhi
and shall cooperate in the said proceedings."
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. 12.5 lakhs towards all her
claims vis. a vis. permanent alimony, dowry articles, maintenance past, present
and future etc. against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement
before the Mediation Centre, Dwarka Courts, New Delhi, a sum of Rs. 8 lakhs
has already been received by respondent no.2 (wife). The balance sum of
Rs. 4.5 lakhs has been brought to the Court in the shape of Demand Draft dated
6th May, 2016 bearing No. 778619 drawn on State Bank of India, PBB, New
Delhi, in favour of Ms. Kaushalya, 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
19th November, 2015 has already been obtained by the parties from the
concerned Family Court, Dwarka, New Delhi.
7. Ms. Kaushalya, respondent No.2/complainant (wife), who is present in
Court and has been duly identified by the Investigating Officer in the subject
FIR namely SI Vikash, Police Station- Baba Haridas Nagar, 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 no. 1 and respondent no. 2 and resulted in the
registration of the subject FIR, has been settled amicably before the Mediation
Centre, Dwarka Courts, New 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. 645/2014 under Sections 406/498A/34 IPC
registered at Police Station- Baba Haridas Nagar, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners subject
to their paying a sum of Rs. 10,000/- (in aggregate) 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. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 06, 2016
SD
