Delhi High Court
Amit Kumar @ Anuj Singh & Ors vs State Nct Of Delhi & Anr. on 22 August, 2017
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2372/2017
AMIT KUMAR @ ANUJ SINGH & ORS ..... Petitioners
Through: Mr. Rajeev Singh, Advocate.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Rahul Mehra, Standing
Counsel for the State with Sh. Jamal Akhtar,
Advocate along with ASI Brij Mohan, P.S.
Badarpur, Delhi.
Mr. Akhilesh, Advocate with Mr. Nikhil
Advocate for R-2 along with respondent
No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 22.08.2017
VINOD GOEL, J. (ORAL)
Crl.M.A. 13488/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2372/2017
1. Notice. Learned Standing Counsel, who appears on an advance
copy, accepts the notice.
2. Notice to respondent No.2 also. She is present and accepts the
notice. She is being represented by her counsel. She is duly
identified by the IO ASI Brij Mohan.
3. The petitioners have 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.0632/2015, registered on
03.10.2015 with Police Station Badarpur, South East, Delhi,
under Sections 498A/406/34 IPC on the complaint of
respondent No.2.
4. The marriage of the petitioner No.1 with the respondent no. 2
was solemnized on 23.06.2006 as per Hindu rites and
ceremonies in Village Atari, District Aligarh (U.P.). After the
marriage petitioner No.1 and respondent No.2 started residing
together at the matrimonial home. Out of this wedlock two
female children Ooudarya and Aahana were born, who are now
9 ½ and 5½ years of age respectively.
5. The petitioners No.2 and 3 are the parents of petitioner No.1,
the petitioner No.4 is the brother of petitioner No.1 and
petitioner No.5 is the wife of petitioner No.4.
6. Due to some temperamental differences, the petitioner No.1 and
the respondent no.2 could not reconcile with each other.
Resultantly, the respondent no.2 left the matrimonial home and
started residing with her parents since 14.08.2014.
7. The respondent No.2 filed a complaint with CAW Cell which
culminated into the said FIR against the petitioners.
8. On a reference being made by the learned Additional Sessions
Judge in the bail matter filed by the petitioner No.1, the parties
appeared before the learned Mediator in Delhi Mediation
Centre, Saket Courts, New Delhi. On 11.05.2016, the parties
resolved and settled all their disputes. The petitioner No.1 and
respondent No.2 had decided to part company of each other and
obtain a decree of divorce by mutual consent. The petitioner
No.1 had also agreed to pay a total sum of Rs.6,00,000/- to the
respondent no. 2 in full and final settlement of her all claims
including the maintenance, permanent alimony and costs of
dowry and stridhan articles. They had also agreed that the
custody of the both the minor daughters shall remain
exclusively with the petitioner No.1, however, the respondent
No.2 shall have the visitation rights.
9. Pursuant to the mediation settlement between the parties, at the
time of recording the statement of the parties in the first motion
petition, the petitioner No.1 had paid a sum of Rs.2,00,000 /- to
the respondent No.2 on 27.8.2016. In the second motion
petition, the petitioner No.1 further paid a sum of Rs.2,00,000/-
to the respondent No.2 on 20.5.2017. The learned Principal
Judge, Family Court, Delhi awarded a decree of divorce by
mutual consent whereby marriage between the petitioner No.1
and the respondent No.2 was dissolved on 20.05.2017.
10. Today, the petitioner No.1 has paid the balance settlement
amount of Rs.2,00,000/- vide DD No.175177 dated 22.08.2017
drawn on Yes Bank, Sunder Nagar, New Delhi to respondent
No.2. She submits that she does not want to pursue the present
FIR. She submits that the FIR may be quashed.
11. Learned Standing Counsel through the I.O. submits that the
charge sheet has not been filed.
12. Both the parties submit that now nothing is due and recoverable
by them against each other. Parties have amicably settled all
their disputes and no purpose would be served in further
pursuing with the said FIR. Hence, to secure ends of justice, the
FIR bearing No.0632/2015, registered on 03.10.2015 with
Police Station Badarpur, South East, Delhi, under Sections
498A/406/34 IPC and proceedings arising out of the same are
hereby quashed.
13. The petition is disposed of accordingly.
14. Order Dasti.
VINOD GOEL, J.
AUGUST 22, 2017/sandeep
