Delhi High Court
Deepak & Ors vs The State Nct Of Delhi & Anr on 7 September, 2017
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1984/2017
DEEPAK & ORS ..... Petitioners
Through Mr. Kanwarpal Singh, Advocate with
Mr.Pradeep Kumar Sharma, Advocate and
petitioners in person.
versus
THE STATE NCT OF DELHI & ANR ..... Respondents
Through: Mr. R.S. Kundu, ASC for the State along
with Mr. Bhagat Singh, Advocate with SI Prempal
Singh, P.S. Bhajanpura, Delhi.
Mr. Sambhav Luthra, Advocate for R-2 along with
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 07.09.2017
1. Status report has been filed.
2. Respondent No.2 appears in person. She is being represented by her
counsel. She is duly identified by IO SI Prempal.
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.198 registered on 25.02.2016 against them with
Police Station Bhajan Pura, 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 27.04.2008 as per Hindu rites and ceremonies. Out of
this wedlock one male child namely Kartik was born on 09.01.2009.
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
26.03.2014 and started residing separately.
6. The respondent no. 2 lodged a complaint with CAW Cell which
culminated into said FIR against the petitioners. She had also
preferred a petition under Section 125 of Cr.P.C. for maintenance
against the petitioner No.1 before the Principal Judge, Family Court,
(North East District) Vishwas Nagar, Delhi.
7. On making reference by the learned Principal Judge, North-East
District, Family Court, Vishwas Nagar, Delhi, the parties appeared
before the learned Mediator, Delhi Mediation Centre, Karkardooma
Courts, Delhi. They have resolved and settled their all disputes on
30.07.2016. 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.8,00,000/- to the respondent no.2 in full and final
settlement of her all claims including the maintenance and cost of
dowry/stridhan articles. It is also agreed that their child Master Kartik
shall remain in the custody of respondent No.2 and that the petitioners
shall not have any right of visitation.
8. Pursuant to this settlement, at the time of recording the statement of
the parties in the first motion petition, a sum of Rs.3,00,000/- was
paid by the petitioner no. 1 to the respondent no. 2. On 17.12.2016,
the petitioner had paid further a sum of Rs.1 lakh to respondent No.2
at the time of withdrawal of the proceedings in petition under Section
125 Cr.P.C. and in execution petition. Further, a sum of Rs.3,00,000/-
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 granted on 15.03.2017 by the court of
learned Principal Judge, Family Courts (North East), Vishwas Nagar,
Delhi by which the marriage between the petitioner no. 1 and the
respondent no.2 was dissolved.
9. The respondent No.2 states that she has voluntarily settled and
resolved all her disputes with the petitioners without any force and
coercion. The respondent No.2 states that pursuant to the settlement
she had withdrawn her petition under Section 125 of the Cr.P.C.
10. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.1,00,000/- vide DD No.317781 dated 12.07.2017 issued by Punjab
National Bank, Civil Lines, Delhi in favour of respondent No.2. The
respondent No.2 submits that she has received the entire settlement
amount from the petitioner No.1. 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 IO submits that the charge sheet has already
been filed.
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 fruitful purpose would be served in further
pursuing the said FIR. Hence, to secure ends of justice, the FIR
bearing No.198 registered on 25.02.2016 with Police Station Bhajan
Pura, 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 under the signatures of Court Master.
VINOD GOEL, J.
SEPTEMBER 07, 2017
"sandeep"
