Delhi High Court
Rahul Batra & Ors vs State ( Nct Of Delhi) & Anr on 20 May, 2016
25
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 20th May, 2016
W.P.(CRL) 1599/2016 & CRL.M.A. 8297/2016
RAHUL BATRA & ORS ..... Petitioners
Through: Mr C.Parkash and Ms Lata Anand,
Advocates.
versus
STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Mr R.S. Kundu, Addl. Standing Counsel
(Crl.) with SI Akhileshwar, PS- Moti
Nagar.
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.30/2015 under Sections 406/498A/34 IPC registered at
Police Station- Moti Nagar, Delhi.
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 20.05.2013. 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 22.05.2014. On a complaint
instituted by respondent no.2 (wife), the subject FIR was registered against the
petitioner No.1 and his family members.
3. Counsel for the parties state that with the aid and assistance of the Delhi
Mediation Centre, Tis Hazari Courts, Delhi, the outstanding matrimonial
dispute between the parties to the union has been settled amicably by way of a
settlement dated 16.04.2015. The salient terms and conditions of the settlement
dated 16.04.2015 arrived at before the Mediation Centre, Tis Hazari Courts,
Delhi, are as follows:-
"1. It has been agreed between the parties that both
the parties i.e. complainant and petitioner shall
dissolve the marriage by way of filing a petition
under Section 13(B)(1) and 13(B)(2) of HMA.
2. It has been agreed between the parties that the
petitioner shall make a payment of Rs.2,00,000/-
(Rupees Two Lacs only) to the complainant
towards her full and final settlement including
stridhan/alimony/ maintenance of past, present
and future and all other claims and/rights.
3. It has also been agreed between the parties that
the above said amount of Rs.2,00,000/- (Rs. Two
Lacs only) shall be paid in three installments. The
first installment of Rs.25,000/- (Rupees Twenty
Five Thousand only), in cash, shall be paid by the
petitioner to the complainant at the time of
recording of their statements under Section
13(B)(1) of HMA and the second installment of
Rs.75,000/- (Rupees Seventy Five Thousand
only), in cash, shall be paid by the petitioner to
the complainant at the time of recording of their
statement in the proceedings under Section
13(B)(2) of HMA.
4. It has also been agreed between the parties that a
petition shall be filed under Section 482 Cr.P.C.
by the petitioner and other co-accused, for
quashing of FIR bearing No. 30/2015 under
Section 498A/406/34 IPC registered with PS
Moti Nagar, Delhi and the complainant shall
cooperate with the petitioner and other co-
accused in the aforesaid case/FIR and also
complainant shall file her affidavit for the
quashing of the Fir and further undertakes to
appear before the Hon'ble Delhi High Court on
each and every date of hearings. The complainant
further undertakes to make a statement, in terms
of the compromise arrived between the parties,
before the Hon'ble Delhi High Court.
5. That the third and last installment of
Rs.1,00,000/- (Rupees One Lac only), by way of
cash / DD / Pay Order, shall be paid by the
petitioner to the complainant at the time of
disposal of the petition under Section 482 Cr.P.C.
for the quashing of the above said FIR. It has also
been agreed between the parties that the joint
petition for dissolution of marriage shall be filed
within one month from today and the second
motion under Section 13(B)(2) of HMA shall be
filed within one month after the expiry of the
statutory period of six months."
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.2,00,000/- 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.l lakh 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 cash and
has been handed over to the respondent No.2. 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
08.04.2016 has already been obtained by the parties from the concerned
Principal Judge, West District Family Court, Tis Hazari, 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
Akhileshwar, PS- Moti 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.
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.30/2015 under Sections 406/498A/34 IPC
registered at Police Station- Moti Nagar, Delhi, and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioners subject to their
depositing a sum of Rs.10,000/- 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 20, 2016
mk
