Delhi High Court
Bhola Nath & Ors. vs State & Anr on 18 May, 2016
#10
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.05.2016
W.P.(CRL) 1356/2016
BHOLA NATH & ORS. ..... Petitioners
Through: Ms. Suman Chauhan, Advocate
Versus
STATE & ANR ..... Respondents
Through: Mr. Sanjay Lao, Addl. Standing
Counsel (Crl.), for the State
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 (Cr.P.C.)
seeking quashing of FIR No.714/2014, under Sections 498-A/406/34 IPC,
registered at Police Station- Paschim Vihar, New Delhi and the proceedings
arising therefrom.
2. The facts in brief are that the petitioner No.1 and respondent
No.2/complainant (wife) were married to each other according to Hindu rites
and customs on 05.01.2005. One male child, namely, Master Vishnu Pawar
was born out of the said wedlock on 07.02.2006, who is in the care and
custody of the respondent No. 2. Owing to temperamental and ideological
differences between the parties to the marriage, they started living separately
since 13.06.2010. On a complaint instituted by respondent no.2 (wife), the
subject FIR was registered against the petitioner No.1 and his family
members.
3. Subsequent to the registration of the subject FIR, the parties have
entered into an amicable resolution with the aid and assistance of the
Mediation Centre at Tis Hazari District Court, New Delhi, as expressed in
the proceeding-sheet dated 25.11.2014, before the said Mediation Centre.
The salient terms and conditions of the Settlement Agreement dated
25.11.2014 are as follows :-
"1) The parties have agreed to dissolve their marriage
to seeking decree of divorce by mutual consent in
accordance with law. The respondent husband has
agreed to pay a sum of Rs. 4 lacs along with list of
articles annexed as Annexure A in full and final
settlement of all the claims of complainant wife by
way of demand draft/pay order which shall include
at her claims, past, present and future, permanent
alimony, maintenance for herself as sell as
maintenance to minor child Vishnu Pawar,
Istridhan and all other miscellaneous expresses.
The payment schedule is as under :
a) The parties shall jointly move the competent
court for filing First Motion petition on or
before 9.12.2014. the parties hereto agree
that at the time of recording of statement,
husband Bhola Nath shall be paying a sum
of Rs. 1,25,000/- (Rs. One Lac Twenty Five
Thousand Only) to the complainant Kiran by
way of demand draft/p[ay order. On the day
of recording of statement, the husband Sh.
Bhola Nath shall also return the articles as
per Annexure A to the complainant wife,
Kiran.
b) It is agreed that both the parties shall jointly
move the competent court for filing the
second motion petition for dissolution of
that marriage of the competent court within
15 days of the expiry of statutory period of 3
months. The parties hereto agree that at the
time of recording of statement in second
motion petition, husband Bhola Nath shall
be paying a sum of Rs. 1,25,000/- (Rs. One
Lac Twenty Five Thousand Only) to the
complainant Kiran by way of demand
draft/pay order.
c) It is agreed that son of the parties i.e. Vishnu
Pawar shall remain in the care and custody
of complainant mother and respondent has
no right to visit or meet the child in future.
d) It is further agreed between the parties that
the respondent husband shall move for
quashing of the present FIR bearing No.
714/2014 u/s. 498A/406/34 IPC before the
Hon'ble High Court within 15 days from the
date of dissolution of their marriage. The
complainant wife agree to extend full
cooperation to the respondent in getting the
said FIR quashed by executing all the
requisite documents and casting personal
appearance before the Hon'ble Court
whenever required. The complainant wife
Kiran shall be paid remaining Rs. 1.5 lacs
(Rs. One Lac fifty thousand Only) by the
respondent-husband Bhola Nath at the time
of recording statement in the quashing of
FIR.
2) It is settled that after compliance of the terms of
the present settlement, no case/dispute shall remain
between the parties and that none of the parties
shall file any civil or criminal proceedings against
each other in future and that if any other
case/petition/complainant etc. between the parties
is pending in any Court or Authority, the same
shall be withdrawn/get disposed of by the
respective party. It is also agreed that complainant
Kiran shall not oppose the bail application of
respondent husband Bhola Nath and his family
members, if any."
4. In a nutshell, it has been agreed by and between the parties that the
respondent/wife shall be paid a sum of Rs.4,00,000/- (Rupees Four Lacs
only) along with articles of 'Istridhan' in full and final settlement of all her
claims.
5. On a specific query from this Court, Mr. Rajinder Singh Pawar, the
father of respondent No.2/wife states that the maintenance of the minor child
will be their responsibility and that they do not want or ask for any resources
in this behalf from petitioner No.1 or his family.
6. Pursuant to the afore-stated settlement, a sum of Rs.2,50,000/-
(Rupees Two Lacs Fifty Thousand only) has already been received by the
respondent No.2/wife. The balance sum of Rs.1,50,000/- (Rupees One Lac
Fifty Thousand only) has been handed over to respondent No.2/wife in court
today, in the shape of a demand draft bearing No.688358, dated 24.02.2016,
drawn on Dena Bank, Karol Bagh, New Delhi. The respondent No.2
acknowledges receipt thereof, subject to encashment.
7. In the present case, it is further observed that the parties have already
obtained a decree of divorce by mutual consent from the concerned Family
Court (West) Tis Hazari Courts, Delhi on 09.09.2015.
8. The respondent No.2/wife, who is present in person and has been
identified by the IO in the subject FIR, namely, SI Nirmala, PS- Paschim
Vihar, New Delhi, states that in view of the foregoing she is no longer keen
to prosecute the subject FIR.
9. Since the matrimonial discord that led to the registration of the subject
FIR has been settled amicably by and between the parties, without any undue
influence, pressure or coercion, no useful purpose shall be served by
proceeding with the subject FIR.
10. Resultantly, the subject FIR No.714/2014, under Sections 498-A/406/
34 IPC, registered at Police Station- Paschim Vihar, New 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 to
Master Vishnu Pawar in the form of an FDR of a nationalized Bank within a
period of four weeks from today. A copy of the receipt be provided to the
IO in the subject FIR.
11. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 18, 2016
P
