Kuldeep Garg &Ors.; vs The State Nct Of Delhi & Anr
2017 Latest Caselaw 4651 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(CRL) 2475/2017
         KULDEEP GARG &ORS.                               ..... Petitioners
                     Through             Mr. Sharad Kochar with petitioners in
                     person.

                            versus

         THE STATE NCT OF DELHI & ANR             ..... Respondents
                       Through   Mr. Rahul Mehra, SC with Mr. Jamal
                       Akhtar, Advocate with SI Tejvir Singh, P.S.
                       Welcome, Delhi.
                       Mr. Alok Sharma, Advocate with Mr. Mukesh
                       Verma, Advocate alongwith respondent No.2 in
                       person.

         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL

                            ORDER

% 31.08.2017 Crl.M.A. 14232/2017 (exemption) Exemption allowed subject to all just exceptions. Application is disposed of.

W.P.(CRL) 2475/2017

1. The petitioners have invoked the writ jurisdiction of this court under Article 226/227 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. 157/2015, registered on 23.03.2015 against them with Police Station Welcome Colony, North East, Delhi, under Sections 498A/406/34 IPC read with Section 4 of the Dowry

Prohibition Act, 1961 on the complaint of respondent No.2.

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 IO SI Tejvir.

3. The marriage of the petitioner no. 1 and the respondent no. 2 was solemnized on 11.02.2005 as per Hindu rites and ceremonies at Ghaziabad, U.P. However, out of this wedlock, three children namely Master Sujal, now aged about 10 years, Master Harsh, now aged about 9 years, and Mukta, now aged about 3 years were born.

4. The petitioner no.2 is the mother of petitioner No.1, petitioner No.3 is the brother of petitioner No.1, petitioner No.4 is the wife of petitioner No.3 and petitioner No.5 is the sister of petitioner No.1.

5. After solemnization of their marriage, the petitioner no. 1 and the respondent no. 2 started residing together 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 on 03.08.2013 and started living with her parents.

6. The respondent no. 2 lodged a complaint with CAW Cell which culminated into said FIR. She had also filed a petition under Section 125 of Cr.PC for maintenance against the petitioner no.1 before Ld.Principal Judge, Shahdara District, Family Court, Karkardooma, Delhi. She also preferred a petition under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'DV Act') in the Court of M.M. Karkardooma Courts, Delhi.

7. The parties had appeared before the Ld. Principal Counseller attached to the Family Court, Shahdara, Karkardooma, Delhi and they settled their all disputes on 27.11.2015. By this settlement, the petitioner no. 1 and the 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 agreed to pay a total sum of Rs.6,30,000/- to the respondent no. 2 in full and final settlement of her all claims including the maintenance, permanent alimony and cost of dowry/stridhan articles.

8. Pursuant to this settlement, at the time of recording the statement of the parties in the first motion petition, a sum of Rs.2,15,000/- was paid by the petitioner no. 1 to the respondent no. 2. Further, a sum of Rs.2,15,000/- was paid by the petitioner No.1 to the respondent No.2 at the time of recording their statement in the second motion petition. A decree of divorce by mutual consent was awarded on 23.01.2017 by the court of learned Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi by which the marriage between the petitioner no. 1 and the respondent no.2 was dissolved.

9. The respondent No.2 present in the court states that pursuant to the settlement she had withdrawn both her petitions under Section 12 of the D.V. Act and under Section 125 Cr.P.C.

10. Today, the petitioner No.1 has paid the balance settlement amount of Rs.2,00,000/- vide DD No.263695 dated 24.08.2017 issued on Central Bank of India, Delhi to respondent No.2. She submits that she has received the entire settlement amount from the petitioner. She submits that she does not want to pursue the present FIR. She submits that the said FIR may be quashed.

11. Both the parties submit that now nothing is due and recoverable by them against each other. The matter had been amicably settled between the parties and no purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No. 157/2015, registered on 23.03.2015 against them with Police Station Welcome Colony, North East, Delhi, under Sections 498A/406/34 IPC read with Section 4 of the Dowry Prohibition Act, 1961 and proceedings arising out of the said FIR are hereby quashed.

12. The petition is disposed of accordingly.

13. DASTI.

VINOD GOEL, J.

AUGUST 31, 2017/sandeep