Delhi High Court
Manmohan Singh Randhawa vs State (Nct Of Delhi) & Anr on 9 August, 2017
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 09th August, 2017
+ W.P.(CRL) 2206/2017
MANMOHAN SINGH RANDHAWA ..... Petitioner
Through: Mr.Ravi Bhushan and
Mr.Y.K.Singh, Advs.
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr. Rajesh Mahajan, ASC for the
State along with SI Tej Singh, PS Mukherjee
Nagar, Delhi.
Respondent no. 2 in person with Mr. Rajeev
Sirohi, Adv.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
VINOD GOEL, J. (ORAL)
1. Status report has been filed. The respondent No.2 appeared in
person. She is duly identified by the IO. She is being
represented by her counsel.
2. The petitioner has invoked the writ jurisdiction of this court
under Article 226 of the Constitution of India read with Section
482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC')
for quashing of the FIR bearing No.1020 of 2015 registered on
the complaint of respondent No.2 on 02.08.2015 with Police
Station Mukherji Nagar, Delhi, under Sections 498A/406 IPC.
3. The marriage of the petitioner and the respondent no. 2 was
solemnized on 08.02.2011 as per Hindu rites and ceremonies.
However, out of this wedlock, no child was born.
4. After solemnization of their marriage, the petitioner and the
respondent no. 2 started residing with each other in the
matrimonial home. Due to some temperamental differences
between the petitioner no. 1 and the respondent no. 2 they could
not reconcile with each other. Resultantly, the respondent no.2
left the matrimonial home and started living with her parents.
5. The respondent no. 2 lodged a complaint with CAW Cell,
which culminated into the said FIR against the petitioner.
6. Learned ASC through the IO submits that the charge sheet in
the matter has so far not been filed.
7. The parties have amicably resolved all their disputes on
01.10.2016 by way of Compromise Deed. The parties have
decided to part company of each other and obtain a decree of
divorce by mutual consent. It has also been settled that the
petitioner shall pay a total sum of Rs.11 lakh to the respondent
no. 2 in full and final settlement of all her claims including the
maintenance, cost of dowry articles and permanent alimony.
8. Pursuant to this settlement dated 01.10.2016, the petitioner has
paid a sum of Rs.3 lakh at the time of recording the statement of
the parties in first motion on 05.10.2016. The petitioner further
paid a sum of Rs.3 lakh to respondent No.2 at the time of
recording the statement of the parties in second motion on
25.04.2017. A decree of divorce by mutual consent was passed
by the Additional Judge, Family Court, Dwarka, New Delhi on
25.04.2017 and the marriage of the petitioner and respondent
No.2 was dissolved.
9. Today the petitioner has handed over a Demand Draft to the
respondent No.2 bearing No.555943 dated 03.08.2017 for
Rs.4,30,633/- after adjusting the maintenance amount received
by her from employer of petitioner as agreed. The draft has
been accepted by the respondent No.2. The respondent No.2
submits that she has received the entire settlement amount from
the petitioner. She further submits that she has settled the
matter with the petitioner without any force and coercion. She
submits that she does not want to pursue the present FIR. She
submits that FIR may be quashed.
10. Both the parties submit that now nothing is due and recoverable
by them against each other. The matter has been amicably
settled between the parties and no purpose would be served in
further pursuing with the FIR bearing No.1020 registered on the
complaint of respondent No.2 on 02.08.2015 with Police Station
Mukherjee Nagar, Delhi, under Sections 498A/406 IPC. Hence,
in the circumstances and to secure ends of justice, the FIR
bearing No.1020, registered on the complaint of respondent
No.2 on 02.08.2015 with Police Station Mukherjeet Nagar,
Delhi, under Sections 498A/406 IPC and proceedings arising
out of the same are hereby quashed.
11. The petition is disposed of.
VINOD GOEL, J.
AUGUST 09, 2017
sandeep
