Delhi High Court
Arun Pal Yadav vs The State & Anr on 28 August, 2017
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (CRL.) 2427/2017
ARUN PAL YADAV ..... Petitioner
Through: Mr.Animesh Gaba, Advocate with
petitioner in person.
versus
THE STATE & ANR ..... Respondents
Through: Ms. Nandita Rao, APP for the State with
SI Gajender, CAW Cell, Nanakpura, Delhi.
Mr. V.V.R. Rao, Advocate along with R-2 in
person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 28.08.2017
Crl.M.A. 13851/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
CRL.M.C. 2427/2017
1. Notice. Learned APP, who appears on an advance copy having been
served, accepts notice.
2. Notice to respondent no. 2 also. She is present in court and accepts
notice. She is being represented by her counsel. She is duly identified
by the SI Gajender.
3. The petitioner has invoked the writ jurisdiction of this court under
Article 226 of the Constitution of India for quashing of the FIR
bearing No.193/2016, registered on 01.11.2016 with Police Station
Crime (Women) Cell, Nanak Pura, Delhi under Sections 498A/406/34
IPC on the complaint of respondent no.2.
4. The marriage of the petitioner no. 1 with respondent no. 2 was
solemnized on 15.02.1995 as per Hindu rites and ceremonies. Out of
this wedlock two children namely Ms.Kajal Yadav and Master
Manish Yadav, who were born on 20.02.1997 and 01.03.2000
respectively.
5. Due to temperamental differences between the petitioner and
respondent No.2, they could not reconcile with each other. The
respondent No.2 continued to reside at the Government
accommodation allotted to the petitioner bearing No.H-8, Police
Colony, Mehram Nagar, New Delhi alongwith both the children. The
petitioner has been residing separately.
6. The respondent no.2 lodged a complaint in CAW Cell which
culminated into the said FIR against the petitioner. She had filed a
petition under Section 12 of the Protection of Women from Domestic
Violence Act, 2005 (in short 'DV Act') before the court of learned
MM, Mahila Court, Patiala House, New Delhi.
7. On making reference by the learned MM, Mahila Court, the parties
had appeared before the learned Mediator, Delhi Mediation Centre,
Patiala House Court, New Delhi. They amicable resolved and settled
all their disputes on 02.06.2017.
8. As per the settlement, the petitioner had agreed to pay as maintenance
a sum of Rs.22,000/- per month w.e.f. 01.07.2017 to the respondent
No.2 and both children by RTGS in the bank account of respondent
No.2 by 7th day of each Calendar month. There were arrears of
Rs.3,40,000/- upto the month of June, 2017 against the petitioner,
who had agreed to pay the said amount to the respondent No.2. He
handed over to respondent No.2 four post dated cheques of
Rs.85,000/- each dated 08.06.2017, 08.08.2017, 08.10.2017 and
08.12.2017. Both, the petitioner and respondent No.2 confirm all the
terms and conditions of the mediation settlement dated 02.06.2017. It
was also agreed that the children of petitioner and respondent No.2
shall remain in custody of respondent No.2. It was agreed that the
petitioner shall have the visitation rights to meet the children every
Sunday between 09:00 AM to 11:00 AM at the said Government
accommodation. Respondent No.2 had also agreed to withdraw her
petition under Section 12 of the D.V. Act.
9. Learned APP through the IO submits that the charge sheet has so far
not been filed.
10. Pursuant to the settlement, the respondent no. 2, present in the court,
states that she had withdrawn her petition under Section 12 of D.V.
Act from the court of learned MM, Mahila Court, Patiala House, New
Delhi. She also submits that two cheques out of the four post dated
cheques have been encashed. She submits that she has been receiving
the maintenance amount of Rs.22,000/- per month w.e.f July, 2017
from the petitioner. The respondent no. 2 states that she has willingly
settled the matter with the petitioner without any force or coercion
and she does not want to pursue the said FIR. She submits that the
FIR may be quashed.
11. The parties shall remain bound by the terms and conditions settled in
the mediation centre.
12. In these circumstances, when the matter has been amicably settled
between the parties, no purpose would be served in further pursuing
with the said FIR. Hence, to secure ends of justice, the FIR bearing
No.193/2016, registered on 01.11.2016 with Police Station Crime
(women) Cell, Nanak Pura, Delhi under Sections 498A/406/34 IPC
and proceedings arising out of the same are hereby quashed.
13. The petition is disposed of.
VINOD GOEL, J.
AUGUST 28, 2017
"sandeep"
