Nitesh Jindal & Ors vs The State & Anr
2016 Latest Caselaw 3871 Del

#11
*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 23.05.2016

+        W.P.(CRL) 1618/2016 and Crl. MA No. 8435/2016

         NITESH JINDAL & ORS                           ..... Petitioners
                       Through             Mr. Vijay Kumar Malik, Advocate
                                           along with petitioners
                            versus

         THE STATE & ANR                               ..... Respondent

Through Mr. Ashish Aggarwal, ASC (Crl.) SI Arun Ahlawat, PS Kalyan Puri Respondent no. 2/complainant (wife) in-person CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL) Crl. MA No. 8435/2016 (Exemption)

1. Exemptions allowed subject to all just exceptions.

2. The application is disposed of.

W.P.(CRL) 1618/2016

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. 340/2014, 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 1st December, 2010. A baby girl namely

Gungun has been born out of the said wedlock and she is presently in the

care and custody of petitioner no. 1 (husband). Owing to temperamental and

ideological differences between the parties to the marriage, they started

living separately since 11th September, 2013. On a complaint instituted by

respondent no.2/complainant (wife), the subject FIR was registered against

the petitioner no. 1 (husband) and his extended 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 5th June, 2014.

The salient terms and conditions of the settlement as enshrined in the said

order are as follows:-

"1. It has been agreed between the parties that they shall part their company from each other by obtaining a decree of divorce by mutual consent by filing a joint petition for divorce by mutual consent within jurisdiction of Delhi.

2. It has been agreed between the parties that the respondent/husband shall pay Rs. 4,00,000/- (Rs. Four lacs

only) to the complainant against all her claims pertaining to this marriage including stridhan, maintenance (present, past or future) and permanent alimony etc.

3. It has been further agreed between the parties that the above said payment shall be made by the respondent/husband to the complainant by way of cash/DD in the court concerned as per the following manner:-

(i) Rs. 50,000/- (Rs. Fifty Thousand only) shall be paid by Shri Nitesh Jindal to Smt. Chanchal at the time of withdrawal of present case u/s 12 of DV Act on 19.6.14.

(ii) Rs. 1,00,000/- (Rs. One lac only) shall be payable by the respondent/husband to the complainant/wife at the time of recording statement of the parties in the first motion petition, which shall be filed by the complainant on or before 15.7.2014 and the expenses for the same shall be borne by the petitioner Smt. Chanchal.

(iii) Rs. 1,00,000/- (Rs. One lac only) shall be payable by the respondent/husband to the complainant/wife at the time of recording statement of the parties in the second motion petition, which shall be filed within 15 days after the expiry of stipulated period of six months/as per law and the expenses for the same shall be borne by the respondent Sh. Nitesh Jindal.

(iv) Rs. 1,00,000/- (Rs. One lac only) shall be payable by the respondent/husband to the complainant/wife at the time of quashing of the above said FIR before the Hon'ble High Court of Delhi and the said petition shall be filed by the respondent/husband at his own expenses within one month after passing decree of divorce. It is further agreed between the parties that the petitioner shall co-operate with

the respondents in Hon'ble High Court for getting the above said FIR quashed.

(v) Rs. 50,000/- (Rs. Fifty thousand only) shall be paid by Sh. Nitesh Jindal to Smt. Chanchal at the time of withdrawal of petition u/s 125 Cr.P.C. on 28.7.2014.

4. It has been further agreed between the parties that the complainant shall withdraw her petition u/s 125 Cr.P.C. from the concerned court on the date fixed i.e. 28.7.2014.

5. It has been further agreed between the parties that the custody of baby Gungun shall remain with her father Sh. Nitesh Jindal/respondent and petitioner Smt. Chanchal shall not claim any custody rights of baby Gungun in future. However, Smt. Chanchal can meet her daughter baby Gungun on her birthday (Gungun's birthday) till the re-marriage of Smt. Chanchal."

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. 4 lakhs

towards all her claims against the petitioners.

5. Counsel for the parties further state that pursuant to the said

settlement, a sum of Rs. 3 lakhs has already been received by respondent

no.2/complainant (wife). The balance sum of Rs. 1 lakh has been brought to

the Court in the shape of a Demand Draft dated 20th May, 2016 bearing No.

005190 drawn on HDFC Bank, 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 11th March, 2016 has already been obtained by the parties

from the concerned Family Court, District East, Vishwas Nagar, Delhi.

7. Ms. Chanchal, 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 Arun Ahlawat, 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. 340/2014, 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 depositing a sum of Rs.20,000/- 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. 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