Delhi High Court
Ketan Aggarwal & Ors vs State Of Nct Of Delhi & Anr on 6 May, 2016
#32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 6th May, 2016
+ W.P.(CRL) 1430/2016 and Crl. MA No. 7387/2016
KETAN AGGARWAL & ORS ..... Petitioners
Through Mr. Mukesh Sharma and Mr. Sahil
Munjal, Advs. along with petitioners
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through Mr. Sanjay Lao, ASC (Crl.) with
Mr.Siddharth Sandhu, Advocate
SI Raman Pratap, PS CAW Cell,
Nanakpura
Mr. Shubham Asri, Adv. for R-2 along
with respondent no. 2/complainant
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J. (ORAL)
Crl. MA No. 7387/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application is disposed of.
W.P.(CRL) 1430/2016
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. 53/2015 under Sections 406/498A/34 IPC registered at
Police Station- CAW Cell, Nanakpura, 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 24.02.2011. A male child, namely, Vihaan was born out of
the said wedlock and is in the care and custody of petitioner no. 1 (husband).
Owing to temperamental and ideological differences between the parties to the
marriage, they started living separately since 31st May, 2013. 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 elders in
the family, the outstanding matrimonial dispute between the parties to the union
has been settled amicably by way of a Compromise Deed dated 24th September,
2015. The salient terms and conditions of the settlement as enshrined in the
said compromise deed are as follows:-
"4. That the first party shall pay a sum of Rs. 50,00,000/- (Rs.
Fifty Lakhs only) to the second party for her remaining claims
of stridhan, personal belongings and present, past, future
maintenance and permanent alimony and marriage expenses
of second party as full and final settlement. It is further
agreed between the parties that the first party shall prepare a
demand draft of Rs. 16 lakhs, bearing no. 740133 drawn on
State Bank of Patiala, New Delhi in the name of second party,
which shall be deposited to the Mediators, who will release it
to the second party at the time of recording of the statements
of the parties in first motion u/s 13(B)(1) of HMA in Family
Court, Delhi. It is further agreed between the parties that the
first party shall prepare a FDR bearing no. 0942539 of Rs. 17
lakhs, in the name of second party which shall be deposited to
the mediators, who will release it to the second party at the
time of recording of the statements of the party(s) in second
motion u/s 13(B)(2) of HMA in Family Court, Delhi. It is
further agreed between the parties that the first party shall
prepare another FDR bearing no. 0942540 of Rs. 17 lakhs in
the name of second party which shall be deposited to the
mediators, who will release it to the second party after
recording of the statements of the party(s) before Hon'ble
High Court of Delhi at the time of quashing of FIR. For this
purpose, persons namely Sh. Gyan Chand Gupta, S/o Sondhi
Ram, R/o 213, Sharda Niketan, Pitampura, Delhi-34 and Sh.
Rajinder Gupta, S/o Ujagar Mal Garg, R/o Sector 15, Part-1,
540, Gurgaon, Haryana will be the Mediators. The said FDRs
and Demand Draft will neither be cancelled nor withdrawn by
the first party.
5. That both the parties agreed that the second party shall
hand over the permanent custody and guardianship right of the
minor child 'Vasu' to the first party at the time of recording of
statement in first motion. That as per the settlement the
second party shall hand over the permanent custody of the
child to the first party at the time of recording of statement u/S
13(B)(1) of HMA. It is also settled between the parties that
after handing over the custody of the child to the first party,
the second party shall not have any custody and visitation
right of the minor child and shall not file any case for custody
visitation right in any court of law. That the first party shall
not hand over the custody of the child to third person without
prior consent of the second party."
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. 50 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 Compromise
Deed dated 24th September, 2015 entered into by and between the parties to the
union, the entire sum of Rs. 50 lakhs has been received by respondent no.2
(wife). The latter acknowledges receipt thereof.
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 4th
April, 2016 has already been obtained by the parties from the concerned Family
Court, Rohini (North), Delhi; the copy of the same has been annexed as
Annexure 'P-3' to the present writ petition.
7. Ms. Ekta, 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 Raman Pratap, Police Station- CAW Cell, Nanakpura, 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 between the parties
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. 53/2015 under Sections 406/498A/34 IPC
registered at Police Station- CAW Cell, Nanakpura, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua all the petitioners subject
to their paying a sum of Rs. 25,000/- (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
