Delhi High Court
Sachin Gupta & Ors vs The State Of Govt Of N.C.T Delhi & ... on 17 May, 2016
46
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17th May, 2016
W.P.(CRL) 1567/2016 & CRL.M.A. 8123/2016
SACHIN GUPTA & ORS ..... Petitioners
Through: Mr Parmil Kumar, Advocate.
versus
THE STATE OF GOVT OF N.C.T DELHI & ORS ..... Respondents
Through: Mr R.S.Kundu, Addl. Standing Counsel
(Crl.) with Mr Ankit Kr. Gulia, Advocate
with SI Naveen Kumar, PS- Jyoti Nagar.
Mr Arun Tyagi, 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.874/2014 under Sections 406/498A/34 IPC registered at
Police Station- Jyoti Nagar, 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 07.12.2012. 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 14.03.2013. 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 intervention of the
respectable persons the outstanding matrimonial dispute between the parties to
the union has been settled amicably. The salient terms and conditions of the
settlement as contained in statements of the parties recorded in Crl.Appeal
No.16/2014 (Sachin Gupta v. Deepika Gupta) before the court of Additional
Sessions Judge, Karkardoom Courts, Delh, are as follows:-
"I am appellant in the present criminal appeal. I have
settled all my disputes with the respondent Smt.
Deepika Gupta, my wife out of court amicably for a
total sum of Rs. 9 lakhs to be paid by me to the
respondent towards full and final settlement of all my
disputes with her.
As per settlement, I agree to pay aforesaid settlement
amount of Rs. 9 lakhs to the respondent in four
installments through draft/cash payment. The first
installment in sum of Rs. 1 lakh shall be paid to the
respondent at the time of filing of bail application for
any bail in case FIR No.874/14, u/s 498/406/34 IPC,
PS Jyoti Nagar. The 2nd and 3rd Installments of Rs. 3
lakh each shall be paid by me to the respondent on
the date of recoding of statement for first motion and
for second motion, respectively. I undertake to pay
the 4th and final installment in sum of Rs. 2 lakh to
the respondent on the date of quashing of aforesaid
case FIR.
I also undertake that in case, I fail to comply the
terms of settlement as agreed by me vide this
statement, the respondent shall be at liberty to file
application for cancellation of bail against me.
My counsel is not present today and I am making this
statement voluntarily out of my sweet free will."
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.9 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.7 lakh has already been received by respondent no.2 (wife). The
balance sum of Rs.2 lakh has been paid to the respondent no.2(wife) herein in
cash today. 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
23.10.2015 has already been obtained by the parties from the concerned Family
Court, Karkardoom Courts, Delhi.
7. The respondent No.2/complainant (wife), who is present in Court and has
been duly identified by her counsel as well as the Investigating Officer in the
subject FIR namely SI Naveen Kumar, Police Station- Jyoti 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. The respondent No.2 undertakes to withdraw the
proceedings instituted under Section 12 of the Domestic Violence Act pending
before the Metropolitan Magistrate, Karkardooma Courts on the next date of
hearing fixed in that that matter, i.e., 27.05.2016.
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.874/2014 under Sections 406/498A/34 IPC
registered at Police Station- Jyoti Nagar, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners subject to
their depositing a sum of Rs.20,000/- in the aggregate 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
mk
