Delhi High Court
Vijay & Ors. vs State Nct Of Delhi & Anr. on 10 August, 2017
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1464/2017
VIJAY & ORS ..... Petitioners
Through: Mr. Ramesh Kumar Shokeen, Advocate.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Rajesh Mahajan, ASC for State with
SI Rattan Lal.
Mr. Sushant Chaudhary, Adv. for R-2 with
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 10.08.2017
1. Status report has been filed. Respondent No.2 appeared in person. She
is being represented by his counsel.
2. The petitioners have invoked the writ jurisdiction of this court under
Article 226 and 227 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. 0615/2014, registered on 01.07.2014
with Police Station Alipur, Delhi, under Sections 498A/406/34 IPC on
the complaint of respondent No.2.
3. The marriage of the petitioner no. 1 and the respondent no. 2 was
performed as per Hindu rites and ceremonies on 06.11.2011.
However, no issue out of the said wedlock was born.
4. After the marriage the petitioner No.1 and respondent No.2 started
residing together at 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 in
February, 2014. She filed a petition under Section 12 of the
Protection of Women from Domestic Violence Act, 2005 (in short
'DV Act') before learned MM, Mahilla Court, Delhi. She also filed a
complaint in the CAW Cell which culminated into said FIR against
the petitioners.
5. The parties have amicably resolved their disputes by way of
Memorandum of Understanding dated 13.08.2016. By this settlement,
the parties had decided to part company of each other and obtain a
decree of divorce by mutual consent. It had also been settled that the
petitioner no. 1 shall pay a total sum of Rs.1 lakh to the respondent
no. 2 in full and final settlement of all her claims including the
maintenance and cost of dowry articles. The respondent No.2 had
agreed to withdraw her petition under Section 12 of the DV Act.
6. Pursuant to the settlement, the petitioner No.2 submits that she had
withdrawn her petition under Section 12 of DV Act. She submits that
at the time of recording the statement of parties in first motion, the
petitioner No.1 had paid her a sum of Rs.50,000/-. Learned counsel
for the petitioner states at bar that a decree of divorce was granted by
learned Judge, Family Court, Dwarka, New Delhi, on 05.05.2017 and
the marriage between the petitioner No.1 and respondent No.2 was
dissolved by mutual consent. This is also confirmed by respondent
No.2 and her learned counsel.
7. Today, the petitioner no. 1 has delivered a Demand Draft bearing no.
758114 dated 07.08.2017 for Rs.50,000/- issued by Canara Bank,
New Delhi, to the respondent no. 2, being the balance settlement
amount. Copy of the same is placed on record. Respondent No.2 has
accepted the same. She further states that she had received entire
settlement amount from the petitioner No.1.
8. The respondent no. 2 states that she has willingly settled the matter
with the petitioners without any force or coercion and she does not
want to pursue the said FIR. She submits that the FIR may be
quashed.
9. 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. 0615/2014, registered on
01.07.2014 with Police Station Alipur, Delhi, under Sections
498A/406/34 IPC. Hence, to secure ends of justice, the FIR bearing
No. 0615/2014, registered on 01.07.2014 with Police Station Alipur,
Delhi, under Sections 498A/406/34 IPC and proceedings arising out
of the same are hereby quashed.
10. The petition is disposed of.
VINOD GOEL, J.
AUGUST 10, 2017/sandeep
