Delhi High Court
Sumit Shakkarwal & Ors. vs State & Anr. on 27 May, 2016
55
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:27.05.2016
W.P.(CRL) 1712/2016 & CRL.M.A. 8922/2016
SUMIT SHAKKARWAL & ORS. ..... Petitioners
Through: Ms Sindhu and Mr Hitender
Sakkarwal, Advocates.
versus
STATE & ANR. ..... Respondents
Through: Mr Sanjay Lao, Addl. Standing
Counsel (Crl.)
WSI Khiloni, PS- Janakpuri.
Complainant 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.504/2013 under Sections 498A/406/34 IPC registered at
Police Station- Janak Puri, Delhi.
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 15.12.2010. A female child, namely,
Aaradhya born out of the said wedlock on 14.01.2012 is in the care and
custody of respondent No.2/complainant (wife). Owing to temperamental
and ideological differences between the parties to the marriage, they started
living separately since 10.05.2013. On a complaint instituted by respondent
No.2, the subject FIR was registered against the petitioners.
3. Counsel for the petitioners as well as the respondent No.2/complainant
(wife), who appears in person in Court today and has been identified by the
IO in the subject FIR, namely, WSI Khiloni, PS- Janak Puri, state that with
the aid and assistance of the Delhi High Court Mediation and Conciliation
Centre, the parties have arrived at an amicable resolution of all their
outstanding matrimonial disputes by way of a Settlement Agreement dated
05.05.2015. The salient terms and conditions of the aforesaid Settlement
Agreement dated 05.05.2015 are as follows:-
"a. Party no.1 undertakes to allow party No.2 to
withdraw Rs.4,00,000/- (Rupees Four Lakhs
Only) deposited in the Hon'ble High Court of
Delhi in Bail Application No. 1866/2014 in which
the present mediation has been referred on the
next date of hearing i.e. 27.05.2015.
b. Both parties amicably agree to file mutual consent
divorce petition under section 13(b)(i) of HM Act
in the first week of July, 2015. An amount of
Rs.2,00,000/- (Rupees Two lakhs only) shall be
paid by the Party no.1 to Party no.2 on the first
date fixed for hearing in the first motion petition
under Section 13(B)1 of the said Act.
c. Both parties undertake to sign second motion
petition under Section 13 (B)(ii) of HM Act
immediately within two weeks after the expiry of
mandatory period of six months. An amount of
Rs.2,00,000/- (Rupees two lakhs only) shall be
paid by the Party no.1 to Party no.2 at the time of
recoding of statements under Section 13(b)2 of
the said Act.
d. The third installment of Rs.2,00,000/- (Rupees
Two lakhs only) shall be paid by the Party no.1 to
Party no.2 at the time of quashing of FIR No.
504/2013 U/s. 498A/406/34 IPC registered at
Police Station Janak Puri, New Delhi against the
Party no.1 and his family which shall be filled by
the first party within two weeks from the date of
recoding of statements in second motion petition
under section 13(B)(ii) of HM Act.
e. That the Party No.1 has already hanaded over to
the Party No.2 all the stridhan and jewellery and
portfolio belonging to Party No.2 as mentioned in
list annexed herewith with the present settlement
agreement as Annexure- A and Party No.2 has no
further claim on stridhan or personal belongings
and all claims in the regard stand satisfied fully,
finally ad conclusively.
f. That the Party No.1 has also handed over to the
Party No.2 all the stridhan articles including
clothes, shoes, purses, other household articles
etc. detailed in Seizure and Handed over Memo
(60 items) dated 02.05.2015 prepared by Sub-
Inspector Ms Khiloni, Police Station Janakpuri,
New Delhi is annexed herewith with the present
settlement agreement as Annexure- B and Party
No.2 has no further claim on stridhan or personal
belongings and all claims in this regard stand
satisfied fully, finally and conclusively.
g. Upon payment of the said amount of Rs.10 lacs
all the claims of the Party No.2 towards stridhan,
alimony, maintenance (past, present and future)
against the Party No.1 shall stand fully satisfied.
The Party no.2, and her daughter hereby states
that she has no further claim or entitlements with
respect to maintenance (pas, present or future)
stridhan or alimony as they stand satisfied fully
and conclusively. The Party No.2 and her
daughter Baby Aradhya shall not claim any right
in the assets of the Party No.1 or the family of the
Party N.1 including in the assets of the parents.
All the claims of Party No.2 and her daughter
baby Aaradhya whatsoever stand settled in terms
herein above in a full, final conclusive and
irrevocable manner."
4. In a nutshell, it has been agreed by and between the parties to the
union that respondent no. 2/complainant (wife) shall be paid a sum of Rs.10
lakh towards all her claims vis. a vis. permanent alimony, dowry articles,
maintenance past, present and future etc. against the petitioners.
5. Counsel for the petitioners as well as the respondent No.2, further
state that pursuant to the said settlement between the parties to the union, a
sum of Rs.8 lakh has already been received by respondent No.2 as per the
terms of the settlement. The balance sum of Rs.2 lakh has been handed over
to the respondent No.2 in court today by way of a demand draft bearing
No.501276 drawn on ICICI Bank, Regharpura, New Delhi. The respondent
No.2 acknowledges receipt of the same subject to its realization.
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 29.02.2016 has already been obtained by the parties from the
concerned Family Court, Tis Hazari Courts, Delhi.
7. Respondent No.2 states that in pursuance to the settlement arrived at
between the parties, she is no longer keen to proceed with the subject FIR.
8. The agreement entered into between the parties is lawful and the same
is accepted leaving the parties to perform their reciprocal undertakings made
therein.
9. 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 by
way of a settlement without any undue influence, pressure or coercion; that
the parties have obtained decree of divorce by mutual consent on
29.02.2016, no useful purpose will be served by proceeding with the subject
FIR.
10. Resultantly, the FIR No.504/2013 under Sections 498A/406/34 IPC
registered at Police Station- Janak Puri, Delhi, is hereby set aside and
quashed qua the petitioners subject to their paying a sum of Rs.50,000/- in
the aggregate in the shape of a Fixed Deposit Receipt (FDR) drawn on a
Nationalized Bank to enure to the benefit of the minor child Aaradhya. The
FDR shall be handed over, within a period of six months from today, to the
respondent No.2, the mother and natural guardian of the minor. 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 27, 2016
mk
