Delhi High Court
Gyanender Singh & Ors vs The State ( Nct Of Delhi) & Anr on 18 May, 2016
#39
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.05.2016
W.P.(CRL) 1582/2016
GYANENDER SINGH & ORS ..... Petitioners
Through Mr. H B Singh Sylonia with Mr.Praveen
Sylonia, Advocates
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Through Mr. Anup Kumar, Advocate for R-2
ASI Dharambir Singh, PS Nanakpura
Complainant in person.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A. No. 8224//2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application is disposed of accordingly.
W.P.(CRL) 1582/2016
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. 108/2014 under Sections 406/498A/34 IPC registered
at Police Station- CAW Nanak Pura 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 11th March, 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 15th
January, 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 appearing on behalf of the parties state that with the aid and
assistance of Mediation Centre, Patiala House Courts, New Delhi, the
outstanding matrimonial dispute between the parties to the union has been
settled amicably and the factum of the said settlement between the parties to
the union is encapsulated in the order dated 06.08.2015 passed by the learned
MM, Patiala House Courts, in Complaint Case No. 57/4/14. The salient
terms and conditions of the settlement as enshrined in the said order are as
follows :-
"Respondent is agreed to pay Rs.9,00,000/- (Rupees Nine Lacs
Only) to the petitioner as full and final settlement towards istridhan,
past, present and future alimony and maintenance.
Parties have also agreed to go for divorce by mutual consent
and shall file petition in this regard within 15 days from today.
The respondent Shri Gyanender Singh shall pay Rs. 3,00,000/-
(Rupees Three Lacs) by DD out of Rs. 9,00,000/- to the petitioner at
the time of recording of the statement in the first motion of divorce
petition by mutual consent.
The petitioner Ms. Sudershan Kain shall withdraw her petition
u/s. 9 HMA an du/s. 125 Cr.PC pending in the court of Shri Arun
Kumar Arya, Ld. Principal Judge, Family Court, PHC, New Delhi
fixed for 13.08.2015.
The petitioner Ms. Sudarshan Kain shall withdraw her petition
u/s. 12 DV Act pending in the court of Ms. Snigdha Sarvaria, Ld.
MM, PHC, New Delhi fixed for 29.09.2015.
The petitioner Ms. Sudarshan Kain shall also withdraw her
complaint/application u/s. 156 (3) Cr.PC pending in the court of Ms.
Tyagita Singh, Ld. M, Dwarka Court, New Delhi fixed for
18.08.2015.
The parties shall file petition for second motion for divorce by
mutual consent immediately (within 15 days) after expiry of six
months from the date of order in the first motion petition.
The respondent Shri Gyanender Singh shall pay further
Rs. 3,00,000/- (Rupees Three Lacs) by DD to the respondents at the
time of recording of the statement in the second motion of the divorce
petition.
It is further agreed that the respondent shall go for quashing
proceedings arising out of FIR No. 1058/2014 u/s. 498A/406/34 IPC
PS CAW Cell, |Nanak Pura, New Delhi registered on the complaint of
petitioner Ms. Sudarshan Kain within one month from the date of
recording of statement in second motion of divorce.
The petitioner Ms. Sudarshan Kain shall cooperate in quashing
of the FIR.
That the remaining amount of Rs. 3,00,000/- (Rupees three lacs)
by DD shall be paid by the respondent Shri Gyanender Singh to the
respondent Ms. Sudershan Kain at the time of quashing of FIR before
the High Court of Delhi.
That it is further agreed by the parties that after the payment, the
parties shall not have any claim of any sort against each other or their
family members.
That parties shall not file any case against each other or their
family members after this settlement.
Parties shall provide copy of the settlement to the CAW Cell,
Nanak Pura, New Delhi."
4. In a nutshell, it is agreed by and between the parties to the union that
respondent no. 2 (wife) shall be paid a total sum of Rs. 9 lakhs towards all
her claims against the petitioners.
5. Counsel for the petitioners further states that pursuant to the said
settlement between the parties to the union, the entire sum of Rs. 6 lakhs has
been received by respondent no.2 (wife). The balance of Rs.3,00,000/- has
been brought to the Court in the shape of demand draft bearing no. 835293
dated 18.4.2016 drawn on Syndicate Bank, Janakpuri, New Delhi Branch in
favour of the respondent No.2/complainant (wife) herein. 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 15th March, 2016 has already been obtained by the parties by
the Principal Judge, Family Court, Patiala House Courts, New Delhi.
7. Ms. Sudershan Kain, 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 Dharambir Singh, Police Station, CAW
Nanadpura, New 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. 0108/2014 under Sections 406/498A/34 IPC
registered at Police Station-CAW Nanadpura, New 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 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. 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 following
cases, in addition to the disposal of the present writ petition;
i) Case under Section 12 DV Act pending in the Court of
Ms. Snigdha Sarvaria, Ld. MM, PHC, New Delhi.
ii) Petition under Section 9 HMA and under Section 125 Cr.
PC pending in the Court of Shri Arun Kumar Arya, Ld.
Principal Judge, Family Court, PHC, New Delhi.
iii) Complaints/applications pending under section 156(3)
Cr.PC pending in the Court of Ms. Tyagita Singh, Ld. M,
Dwarka Court, New Delhi.
11. With the above directions, the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 18, 2016
P
