Delhi High Court
Chander Bhan & Ors vs The State ( Nct Of Delhi) & Anr on 18 May, 2016
#34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:18.05.2016
+ W.P.(CRL) 1576/2016 and Crl. MA No. 8176/2016
CHANDER BHAN & ORS ..... Petitioners
Through Mr. Surender Kumar, Advocate along
with petitioners
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Through Mr. Rajesh Mahajan, ASC (Crl.) with
Ms. Parul Jamwal, Advocate
ASI Gyan Amba, PS Kalyan Puri
along with respondent no. 2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 8176/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application is disposed of.
W.P.(CRL) 1576/2016
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. 286/2015, under Sections 498A/406/34 IPC registered
at Police Station- Kalyan Puri, 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 12th May, 2013. 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
August, 2013. On a complaint instituted by respondent no.2/complainant
(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 Delhi
Mediation Centre, Karkardooma Courts, Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably and the
factum of settlement has been recorded in the order dated 29th September,
2015. The salient terms and conditions of the settlement as enshrined in the
said order are as follows:-
"1. It is agreed between the parties that Ms. Pooja and Shri
Chander Bhan shall get their marriage dissolved by
obtaining a decree of divorce by way of mutual consent.
2. It is agreed between the parties that husband Sh.
Chander Bhan shall give Rs. 2,40,000/- (Rupees Two lac
and forty thousand only) to wife Ms. Pooja towards full
and final settlement of all her claims qua stridhan,
maintenance (present, past and future), permanent alimony
etc. The payment of the settled amount shall be made by
husband Sh. Chander Bhan in four installments.
3. It is agreed between the parties that first installment of
Rs. 50,000/- (Rupees Fifty Thousand only) shall be paid by
Sh. Chander Bhan to Ms. Pooja today in the court
concerned by way of a DD in the name of Ms. Pooja.
4. It is agreed between the parties that the petition for first
motion for divorce by mutual consent shall be filed by the
parties within ten days from today.
5. It is agreed between the parties that the payment of
second installment of Rs. 50,000/- (Rupees Fifty Thousand
only) shall be made by Sh. Chander Bhan to Ms. Pooja by
way of cash/DD in the court concerned at the time of
recording statement of the parties in first motion for
divorce by mutual consent.
6. It is agreed between the parties that petition for second
motion for divorce by mutual consent shall be filed by the
parties within 15 days after expiry of statutory period as
per law.
7. It is agreed between the parties that the payment of third
installment of Rs. 1,00,000/- (Rupees One lac only) shall
be made by Sh. Chander Bhan to Ms. Pooja by way of
cash/DD in the court concerned at the time of recording
statement of the parties in second motion.
8. It is agreed between the parties that the complainant
shall withdraw the present matter as well as her petition
u/section 125 Cr.PC. from the court concerned after
recording statement of the parties in first motion for
divorce by mutual consent.
9. It is agreed between the parties that respondent shall
move petition for quashing of FIR No. 286/15, u/s
498A/406/34 IPC PS Kalyan Puri before the Hon'ble High
Court of Delhi within 15 days after recording statement of
parties in second motion and respondent shall pay fourth
installment of Rs. 40,000/- (Rupees forty thousand only) to
the complainant by way of cash/DD at the time of quashing
of the present FIR."
4. In a nutshell, it is agreed by and between the parties to the union that
respondent no. 2/complainant (wife) shall be paid a total sum of Rs.
2,40,000/- towards all her claims against the petitioners.
5. Counsel for the parties further state that pursuant to the said
settlement, a sum of Rs. 2 lakhs has already been received by respondent
no.2/complainant (wife). The balance sum of Rs. 40,000/- has been brought
to the Court in the shape of Demand Draft dated 26th April, 2016 bearing No.
706177 drawn on State Bank of India, Dwarka, New Delhi Branch in favour
of respondent no. 2/complainant (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 April, 2016 has already been obtained by the parties from
the concerned Family Court, District East, Vishwas Nagar, Delhi.
7. Ms. Pooja, respondent No.2/complainant (wife), who is present in
Court and has been duly identified by the Investigating Officer in the subject
FIR namely ASI Gyan Amba, Police Station- Kalyan Puri, 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. 286/2015, under Sections 406/498A/34 IPC
registered at Police Station- Kalyan Puri, 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 the aggregate to the respondent
no.2/complainant (wife) as costs.
10. It is also observed that as a consequence of the settlement arrived at
between the parties to the marriage, a quietus will be applied to the case
under Section 12 of the DV Act, 2005 as well as petition under Section 125
Cr.P.C. filed by the respondent no.2/complainant (wife) against the
petitioners, in addition to the disposal of the present writ petition.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 18, 2016
sd
