Delhi High Court
Dheeraj Goel/Goyal & Ors vs The State ( Govt Of Nct Of Delhi) & ... on 17 May, 2016
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17th May, 2016
W.P.(CRL) 1566/2016 & CRL.M.A. 8120-8121/2016
DHEERAJ GOEL/GOYAL & ORS ..... Petitioners
Through: Mr Sudhir Vats and Mr Sanjay Aggarwal,
Advocates.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents
Through: Ms Kamna Vohra, Addl. Standing
Counsel (Crl.).
Mr C.Parkash with Ms Lata Anand,
Advocate for R-2.
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.737/2015 under Sections 406/498A/34 IPC registered at
Police Station- Prashant Vihar, 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 customs on 24.11.2012. 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 17.08.2014. 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 the Delhi
Mediation Centre, Rohini District Courts, Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by way of a
Settlement/Agreement dated 14.10.2015. The salient terms and conditions of
the settlement as contained in the said Settlement/Agreement dated 14.10.2015
are as follows:-
"1. That the second party shall not oppose anticipatory
bail application of first party and his other family
members and give her no objection to the same.
2. That both the parties shall file a petition under
section 13B(1) and 13B(2) of HMAct before the
competent court of law for getting dissolved their
marriage by a decree of divorce on the ground of
mutual consent.
3. That the first party shall pay a total sum of
Rs.30,00,000/- (Rs. Thirty Lacs only) to the second
party towards the full and final settlement of all her
claims including stridha\n, belongings, jewelleries,
maintenance (past, present & future), permanent
alimony and the aforesaid amount shall be paid in the
following manner:
a. First installment of Rs.5,00,000/- (Rs. Five
Lacs only), by way of cash/DD, shall be paid
by first party to the second party at the time of
grant of anticipatory bail to the first party ad
other family members.
b. Second installment of Rs. 10,00,000/- (Rs. Ten
Lacs only), by way of cash/DD, shall be paid
by first party to the second party at the time of
recording of statements of both the parties
before the competent court in petition under
section 13(B)(1) of H.M.Act (i.e. First motion
petition).
c. Third installment of Rs. 10,00,000/- (Rs. Ten
Lacs only), by way of cash/DD, shall be paid
by first party to the second party at the time of
recording of statements of both the parties
before the competent court in petition under
Section 13(B)(2) of H.M.Act (i.e. Second
motion petition).
d. Fourth and final installment of Rs.5,00,000/-
(Rs. Five Lacs only), by way of cash/DD, shall
be paid by the first party to the second party at
the time of quashing of case / FIR no.737/2015
before the Hon'ble Delhi High Court."
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.30 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 parties further state that pursuant to the said settlement, a
sum of Rs.25 lakh has already been received by respondent no.2 (wife). The
balance sum of Rs.5 lakh has been brought to the Court in the shape of Demand
Draft dated 09.05.2016 bearing No.126734 drawn on Allahabad Bank, in favour
of 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
25.04.2016 has already been obtained by the parties from the concerned Family
Court, Rohini North, Delhi.
7. The 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
Yogesh Raj, Police Station- Prashant Vihar, 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.737/2015 under Sections 406/498A/34 IPC
registered at Police Station- Prashant Vihar, 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/- each with the Victims' Compensation
Fund within a period of four 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 17, 2016
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