Delhi High Court
Amit Yadav & Ors vs The State & Anr on 10 May, 2016
37
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:10.05.2016
W.P.(CRL) 1462/2016
AMIT YADAV & ORS ..... Petitioners
Through: Mr R.K.Lamba, Advocate.
versus
THE STATE & ANR ..... Respondents
Through: Mr Rajesh Mahajan, Addl. Standing
Counsel (Crl.).
Mr H.S.Yadav, Advocate for R-2 with
R-2 in person.
SI Harender Singh, PS- Khyala.
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.415/2014 under Sections 325/498A/506/34 IPC
registered at Police Station- Khyala, 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 13.03.2013. A female child, namely, Kanak
was born out of the said wedlock on 18.12.2013 and is in the care and
custody of petitioner No.1. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 31.05.2014. 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 Harender Singh, PS- Khyala, state that with the intervention of
friends, relatives and well wishers, the parties have arrived at an amicable
resolution of all their outstanding matrimonial disputes. The salient terms
and conditions of the settlement as noted in the judgment dated 09.03.2016
passed by the Principal Judge, Family Courts, West Distt., Tis Hazari Courts,
Delhi in petition under Section 13-B(2) of the Hindu Marriage Act, are as
follows:-
"5. Petitioners have further stated that they have
settled all the matrimonial disputes pertaining to
this marriage including istridhan, permanent
alimony, dowry articles and maintenance (present,
past and future) for an amount of Rs.25,00,000/-
towards full and final settlement. Out of the said
settlement amount, first installment of
Rs.15,00,000/- has already been paid by the
petitioner No.1 to the petitioner No.2. As per
settlement, second installment of Rs.5,00,000/-
has been paid by the petitioner No.1 to the
petitioner No.2 on 23.01.2016 in the court by way
of DD bearing No.526920 dt. 10.12.2015, drawn
on Bank of India. Third and final installment of
Rs.5,00,000/- shall be paid by the petitioner No.1
to the petitioner No.2 at the time of quashing of
FIR bearing No.415/2014 of PS: Khyala, Delhi
before the Hon'ble High Court of Delhi at Delhi.
Petitioners have also agreed that they will not
initiate any litigation or will not raise any claim in
future against each other and family members as
well relatives of each other."
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.25 lakh towards
all her claims vis. a vis. permanent alimony, dowry articles, maintenance
past, present and future etc. against the petitioners.
5. 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.20 lakh has already been received by respondent No.2 as per the
terms of the settlement. The balance sum of Rs.5 lakh has been handed over
to the respondent No.2 in court today by way of a demand draft bearing
No.520945 drawn on Bank of India, Vishnu Garden, Delhi. The respondent
No.2 acknowledges receipt of the same subject to its realization.
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 09.03.2016 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, 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 09.03.2016, no
useful purpose will be served by proceeding with the subject FIR.
9. Resultantly, the FIR No.415/2014 under Sections 325/498A/506/34
IPC registered at Police Station- Khyala, Delhi, is hereby set aside and
quashed qua the petitioners subject to their depositing a sum of Rs.20,000/-
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
IO in the subject FIR.
10. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 10, 2016
mk
