Delhi High Court
Santosh Kumar Lobaniya vs State (Nct Of Delhi) & Anr on 20 May, 2016
23
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 20th May, 2016
W.P.(CRL) 1595/2016 & CRL.M.A. 8280/2016
SANTOSH KUMAR LOBANIYA ..... Petitioner
Through: Mr Vishal Yadav, Avocate.
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr Ashish Aggarwal, Addl. Standing
Counsel with Mr Piyush Singhal,
Advocate for State with SI Mohd. Faizan
Ghani, PS- Ghazipur.
Respondent No.2 in person.
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.10/2015 under Sections 406/498A IPC registered at Police
Station- Ghazipur, Delhi.
2. The facts in brief are that the petitioner and respondent No.2/complainant
(wife) were married to each other according to Hindu rites and ceremonies on
24.06.2012. 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 13.11.2012. On a complaint instituted by
respondent no.2 (wife), the subject FIR was registered against the petitioner.
3. Counsel for the parties state that with the aid and assistance of the Delhi
Mediation Centre, Karkardooma Courts, Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by way of a
settlement dated 07.03.2015. The salient terms and conditions of the settlement
dated 14.10.2015 arrived at before the Mediation Centre, Karkardooma Courts,
Delhi, are as follows:-
1. It has been agreed between the parties that they
shall take divorce by way of mutual consent.
2. It has been further agreed between the parties
that the respondent no.1/husband Sh. Santosh
Kumar Lobaniya shall pay a total sum of Rs.
3,45,000/- (Rs. Three lac and forty five thousand
only) to the complainant/wife Ms. Sarita
towards full and final settlement of all her
claims arising out of their marriage which
includes maintenance (present, past and future),
permanent alimony, dowry articles, istridhan etc.
3. It has been further agreed between the parties
that the respondent no.1/husband shall pay the
above settled amount to the complainant/wife, in
the following manner:-
(a) Rs.45,000/- by way of cash/demand draft
at the time of withdrawal of petition U/s 125
Cr.P.C. which is likely to be listed on 12/05/15.
On the same day, the respondent no.1/husband
shall also return the admitted articles a per list
annexed herewith as Annexure-A which is
signed by both the parties, to the
complainant/wife. Similarly, the
complainant/wife shall also return the admitted
articles as per Annexure-A to the respondent
no.1/husband.
(b) Rs. 1,00,000/- by way of cash/demand
draft at the time of recording of the statements
of the parties in the first motion petition which
shall be filed by the parties within 15 days from
today.
(c) Rs. 1,00,000/- by way of cash/demand
draft at the time of recording of the statements
of the parties in the second motion. The second
motion petition shall be filed by the parties
within 15 days after expiry of statutory period of
six months.
(d) Rs. 1,00,000/- by way of demand draft
before the Hon'ble High Court of Delhi at the
time of quashing of FIR No.10/15, P.S. Gazipur
U/s 498A/406 IPC. The respondent
no.1/husband shall file petition for quashing of
this FIR within two months after obtaining
decree of divorce by way of mutual consent. The
complainant/wife Ms. Saritia undertakes to
cooperate with the respondent no.1/husband in
quashing of this FIR.
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.3,45,000/- towards all her
claims vis. a vis. permanent alimony, dowry articles, maintenance past, present
and future etc. against the petitioner.
5. Counsel for the parties further state that pursuant to the said settlement, a
sum of Rs.2,45,000/- has already been received by respondent no.2 (wife). The
balance sum of Rs.1 lakh has been brought to the Court in the shape of Demand
Draft dated 16.05.2016 bearing No.208577 drawn on State Bank of India, Lal
Kuan, Ghaziabad, 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
05.02.2016 has already been obtained by the parties from the concerned
Principal Judge, East District Family Court, Vishwas Nagar, 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
Faizan Ghani, Police Station- Ghazipur, 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. 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 filed inter se between the parties, in addition to the disposal of the present
writ petition:-
(i) Petition u/s 125 CrPC for grant of maintenance against the
petitioner.
(ii) Petition for Restitution of Conjugal Rights U/s 9 of H.M. Act
against the respondent No.2.
9. Since the dispute between the parties which arose out of a matrimonial
discord between petitioner 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.
10. Resultantly, the FIR No.10/2015 under Sections 406/498A IPC registered
at Police Station- Ghazipur, Delhi, and the proceedings arising therefrom are
hereby set aside and quashed qua the petitioner subject to his depositing a sum
of Rs.5,000/- 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.
11. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 20, 2016
mk
