Delhi High Court
Nishant Yadav & Ors. vs The State Nct Of Delhi & Anr on 4 September, 2017
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1534/2017
NISHANT YADAV & ORS. ..... Petitioners
Through: Mr. Arun Kumar Yadav, Advocate with
petitioners in person.
versus
THE STATE NCT OF DELHI & ANR ..... Respondents
Through Ms. Kamna Vohra, ASC with SI
Dharamvir Singh, P.S. CWC, Nanakpura, Delhi.
Mr. Ankit Sharma, Advocate along with
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 04.09.2017
1. Status report has been filed.
2. 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. 17/2016, registered on 24.02.2016 against them
with Police Station Crime (Women) Cell Nanak Pura, Special Police
Unit for Women and Children, Delhi, under Sections 498A/406/34
IPC on the complaint of respondent No.2.
3. Respondent No.2 accompanied by her father and brother has appeared
in person. She is being represented by her counsel. She is duly
identified by IO SI Dharamvir Singh.
4. The marriage of the petitioner no.1 and the respondent no. 2 was
solemnized on 13.11.2013 as per Hindu rites and ceremonies at
Mapple Hotel, NH-8, New Delhi. However, out of this wedlock no
child was born.
5. The petitioners No.2 and 3 are the parents of petitioner No.1,
petitioner No.4 is the sister of petitioner No.1.
6. 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
21.09.2015 and started residing with her parents.
7. The respondent no. 2 lodged a complaint with CAW Cell on
06.10.2015 which culminated into said FIR against the petitioners.
8. On making reference by the learned MM, Mahila Court, Dwarka
Courts, New Delhi, the parties had appeared before the Mediator,
Delhi Mediation Centre, Dwarka Courts, District Courts, New Delhi.
They had resolved and settled all their disputes on 28.07.2016. 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.20,00,000/- to the respondent no. 2 in full and final settlement
of all her claims including the maintenance and cost of
dowry/stridhan articles.
9. Pursuant to this settlement, at the time of mediation settlement a sum
of Rs.5,00,000/- was paid by the petitioner No.1 to the respondent
No.2. Further, at the time of recording the statement of the parties in
the first motion petition, a sum of Rs.5,00,000/- was paid by the
petitioner no. 1 to the respondent no. 2. A sum of Rs.5,00,000/- was
paid by the petitioner No.1 to the respondent No.2 at the time of
recording their statements in the second motion petition. A decree of
divorce by mutual consent was awarded on 17.04.2017 by the court of
learned Principal Judge, Family Courts, Dwarka, New Delhi by which
the marriage between the petitioner no. 1 and the respondent no.2 was
dissolved.
10. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.5,00,000/- vide three separate DDs No.(i) 557117 dated
04.09.2017 for Rs.1,00,000/- issued by Syndicate Bank, K.G. Marg,
New Delhi, (ii) 000974 dated 05.05.2017 and (iii) 000975 dated
05.05.2017 for Rs.2 Lacs each issued on Axis Bank, Chhapra,
Kurukshetra (Haryana) to respondent No.2. She submits that she has
received the entire settlement amount from the petitioner No.1. The
respondent No.2 present in the court states that she had voluntarily
resolved all disputes with the petitioners without any coercion or
force. She submits that she does not want to pursue the said FIR. She
submits that the said FIR may be quashed.
11. Learned ASC through the IO submits that the charge sheet has already
been filed against the present petitioners only.
12. 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. 17/2016, registered on 24.02.2016 against them with
Police Station Crime (Women) Cell Nanak Pura, Special Police for
Women and Children, Delhi, under Sections 498A/406/34 IPC and
proceedings arising out of the said FIR are hereby quashed.
13. The petition is disposed of accordingly.
14. DASTI.
VINOD GOEL, J.
SEPTEMBER 04, 2017/
"sandeep"
