Delhi High Court
Manish Mittal & Ors. vs State & Anr. on 27 July, 2017
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2134/2017
MANISH MITTAL & ORS ..... Petitioners
Through: Mr. Kanwar Kochhar, Adv. with
Mr.Jujhar Singh, Adv. along with petitioners in
person.
versus
STATE & ANR ..... Respondents
Through: Mr.Rahul Mehra, Standing Counnsel, for
State with Mr.Jamal Akhtar, Adv. with SI
Jeetendra Kumar.
Mr.Rajesh Kumar, Adv. with respondent No.2 in
person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 27.07.2017
Crl.M.A. 11982/2017 (exemption)
Exemption allowed subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 2134/2017
1. Notice. Learned Standing counsel, who appears on an advance copy,
accepts notice.
2. Notice to respondent no. 2 also. She appears in person and is duly
identified by the IO SI Jeetendra Kumar, Subhash Place.
3. 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. 177/2016, registered on 25.02.2016 with
Police Station Subhash Place, Delhi, under Sections 498A/406/34
IPC.
4. The marriage of the petitioner no. 1 and the respondent no. 2 was
solemnized on 30.04.2015 as per Hindu rites and ceremonies in Delhi.
However, no issue out of the said wedlock was born.
5. The petitioner no. 2 is the mother of the petitioner no.1, petitioner
no.3 is the sister of the petitioner no.1 and petitioner no.4 is the
husband of the petitioner No.3.
6. 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 she
started living with her parents with effect from 07.07.2015.
7. The respondent no. 2 lodged the said FIR on 25.02.2016. 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, Rohini Court, Delhi. She also filed
petition under Section 125 of Cr.PC for maintenance against the
petitioner no.1 before Principal Judge, Family Court, Delhi.
8. The parties have arrived at a settlement before the learned Mediator
Mediation Centre, Rohini District Courts, Delhi, on 16.11.2016.
9. By this settlement, 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 no. 1 shall pay a total sum of
Rs.14,00,000/- to the respondent no. 2 in full and final settlement of
all her claims including the maintenance and cost of dowry articles.
The respondent had also agreed to withdraw both the above said
petitions i.e. under Section 12 of the DV Act and under Section 125 of
Cr.PC.
10. Pursuant to this settlement, in first motion while recording the
statement of the parties, a sum of Rs.6,00,000/- was paid to the
respondent no. 2 by the petitioner no. 1. Further a sum of
Rs.4,00,000/- was paid to the respondent no. 2 by the petitioner no. 1
at the time of recording the statement of the parties in the second
motion petition. On 05.07.2017, a decree of divorce by mutual
consent was passed by the court of Ld. Principal Judge, Family Court,
North West, Delhi and the marriage between the petitioner no. 1 and
the respondent no.2 was dissolved. The respondent no.2 submits that
she had withdrawn her petition filed under Section 12 of the DV Act
from the court of Ld.MM, Mahila Court, Delhi. Respondent no. 2
also submits that she had also withdrawn the petition under Section
125 of Cr.PC.
11. Today, as per the settlement between the parties, the petitioner no. 1
has delivered a Demand Draft bearing no. 748818 dated 24.07.2017
for Rs.4 lacs issued by Punjab National Bank, 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
confirms having received the entire settlement amount of
Rs.14,00,000/- from the petitioner no. 1.
12. The respondent no. 2 confirms 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.
13. 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. 177/2016, registered on
25.02.2016 with Police Station Subhash Place, Delhi, under Sections
498A/406/34 IPC. Hence, to secure ends of justice, the FIR bearing
No. 177/2016, registered on 25.02.2016 with Police Station Subhash
Place, Delhi, under Sections 498A/406/34 IPC and proceedings
arising out of the same are hereby quashed.
14. The petition is disposed of.
VINOD GOEL, J.
JULY 27, 2017/jitender
