Delhi High Court
Kavinder Sharma vs Rati Sharma & Anr on 26 May, 2016
38
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:26th May, 2016
W.P.(CRL) 1639/2016
KAVINDER SHARMA ..... Petitioner
Through: Mr Amit Kumar Pandey, Advocate.
versus
RATI SHARMA & ANR ..... Respondents
Through: Ms Kamna Vohra, Addl. Standing
Counsel (Crl.) with SI Niranjan
Kumar, PS- Bhajanpura.
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.236/2013 under Sections 498A/406/34 IPC and Section
4 of the Dowry Prohibition Act, 1961 registered at Police Station-
Bhajanpura, Delhi.
2. The facts in brief are that the petitioner (husband) and the respondent
No.1/complainant (wife) were married to each other according to Hindu rites
and customs on 29.11.2008. A male child, namely, Master Prateek was born
out of the said wedlock on 15.07.2012 and is in the care and custody of
respondent No.1. Owing to temperamental and ideological differences
between the parties to the marriage, they started living separately since
10.12.2012. On a complaint instituted by respondent No.1, the subject FIR
was registered against the petitioner.
3. Counsel for the petitioner as well as the respondent No.1, Rati Sharma
@ Rati Dixit, who appears in person and has been identified by the IO in the
subject FIR, namely, SI Niranjan Kumar, PS- Bhajanpura, state that with the
aid and assistance of the Counselling Cell, Family Court, North East District,
Vishwas Nagar, Delhi, the parties have arrived at an amicable resolution of
all their outstanding matrimonial disputes. The salient terms and conditions
of the settlement dated 12.03.2015 as arrived at between the parties before
the aforesaid Counnselling Cell, are as follows:-
"It is agreed between the parties that the respondent shall
pay to the petitioner as sum of Rupees 2,60000/- as full
and final settlement of all the claims of the petitioner
herself and her minor child from the said marriage "not
legible" her claims towards stridhan, maintenance (paste
present and future) and also the claims towards the
maintenance of her child.
It is also agreed between the parties that the quashing of
FIR No.236/2013 u/s 406,498,34 and section ¾ of Dowry
prohibition Act PS Bhajanpura filed by the husband and
wife shall cooperate in the said proceedings and at that
time husband will pay to his wife 100000/- DD in front of
the Hon'ble High Court in favour of Rati Dikshit.
It is further agreed between the parties that the husband
will pay Rupees 80,000/- to the wife at the time of
recording of the statement of first motion.
It is further agreed between the parties the husband will
pay Rs.80,000/- to the wife at the time of the recording of
the statement of the second motion.
It is agreed between the parties that the petitioner
respondent will withdraw the case MT 492/14 which is
pending in the court of Shri A.S. Jaychandra Principal
Judge Family court Northeast Vishwas Nagar Delhi at the
time of recording of the Ist Motion."
4. In a nutshell, it has been agreed by and between the parties to the
union that respondent no.1 (wife) shall be paid a sum of Rs.2,60,000/-
towards all her claims vis. a vis. permanent alimony, dowry articles,
maintenance past, present and future etc. against the petitioner.
5. Counsel for the petitioner as well as the respondent No.1, further state
that pursuant to the said settlement between the parties to the union, a sum of
Rs.1,60,000/- has already been received by respondent No.1 as per the terms
of the settlement. The balance sum of Rs.1 lakh has been handed over to the
respondent No.1 in court today by way of demand drafts bearing
Nos.221260, 221261 and 221262 dated 24.05.2016 drawn on UCO Bank,
Delhi High Court, Delhi. The respondent No.1 acknowledges receipt of the
same subject to its realization.
6. Apart from the above sum of Rs.2,60,000/- the respondent No.1 has
also been paid a sum of Rs.1,00,000/- at the time of granting anticipatory
bail to the petitioner by this Court, which will enure to the benefit of the
minor child Prateek.
7. 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 21.12.2015 has already been obtained by the parties from the
concerned Family Court, Vishwas Nagar, Delhi.
8. Respondent No.1 states that in pursuance to the settlement arrived at
between the parties, she is no longer keen to proceed with the subject FIR.
9. Since the dispute between the parties which arose out of a
matrimonial discord between petitioner and respondent No.1 and resulted in
the registration of the subject FIR, has been settled amicably by way of a
settlement without any undue influence, pressure or coercion; as the parties
have obtained decree of divorce by mutual consent on 21.12.2015, no useful
purpose will be served by proceeding with the subject FIR.
10. Resultantly, the FIR No.236/2013 under Sections 498A/406/34 IPC
and Section 4 of the Dowry Prohibition Act, 1961 registered at Police
Station- Bhajanpura, Delhi, is hereby set aside and quashed qua the
petitioner subject to his paying a sum of Rs.10,000/- to the respondent No.1
for the welfare of the minor child Prateek within a period of four weeks from
today. A copy of the receipt thereof shall 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 26, 2016
mk
