Full Judgment Text
Neutral Citation Number is 2023/DHC/000624
$~78
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 105/2023
MOHIT KUMAR BHARTI & ORS. ..... Petitioners
Through: Mr. Nitish Pandey, Adv.
Versus
STATE, THROUGH S.H.O P.S. FATEHPUR BERI & ANR.
..... Respondents
Through: Mr. Yasir Rauf Ansari, ASC with Mr.
Adeeb Ul Hasan, Adv. with SI
Hakam Chand, PS Fatehpur Beri, ND.
Respondent No.2 in person.
th
% Date of Decision: 16 January, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 990/2023 (exemption)
Exemption is allowed subject to all just exceptions.
W.P.(CRL) 105/2023
1. The present petition has been filed for quashing of FIR No. 282/2021
registered at PS Fatehpur Beri, Delhi, under Sections 498A/406/34
W.P.(CRL) 105/2023 Page 1 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.01.2023
16:58:29
Neutral Citation Number is 2023/DHC/000624
IPC. The said FIR was lodged at the complaint of the respondent
No.2/wife.
2. Facts in brief are that the marriage between Petitioner no. 1 and
respondent no. 2/complainant was solemnized on 07.10.2016 as per
Hindu rites and customs. No child was born out of this wedlock.
Thereafter owing to temperamental differences both the parties started
residing separately since 23.08.2020. Consequently, respondent no.
2/complainant lodged the present FIR against the Petitioners herein.
3. Thereafter, due to the intervention of family members and well-
wishers, the parties settled all their disputes amicably on 29.09.2021
before the Mediation Centre, Saket Courts, New Delhi on the
following terms and conditions:
“1. It is agreed between the parties that since there is no
chance of their re-union, they will part their ways by seeking
decree of divorce by mutual consent.
2. It is also agreed between the parties that Second Party Mohit
Kumar Bharti will pay to the First Party Indu, a total sum of
Rs. 15,00,000/- (Rupees fifteen lakhs only) in full and final
settlement towards all her claims arising out of the marriage
between the parties including maintenance-past, present, and
future, permanent alimony, istridhan etc.
3. It is also agreed between the parties that the amount of Rs.
15 lakhs will be paid by the Second Party to the First Party by
way of demand draft/NEFT/RTGS, in three installments in the
W.P.(CRL) 105/2023 Page 2 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.01.2023
16:58:29
Neutral Citation Number is 2023/DHC/000624
following manner.
a) First installment of Rs. 5 lakhs shall be paid at the
time of recording of statements at the first motion mutual
consent divorce petition before the concerned Family
Court which has to be filed within 15 days of singing of
the present settlement agreement.
b) Second installment of Rs. 5 lakhs shall be paid at the
time of recording of the statements at the second motion
mutual consent divorce petition before the concerned
Family Court which has to be filed within stipulated
time, however both the parties have agreed to file a
waiver application before the concerned court to waive
off the six months period between first and second
motion.
ç) Third and final Installment of Rs. 5 lakhs shall be paid
by the accused persons to the complainant at the time of
quashing of the present FIR before the Hon'ble High
Court of Delhi.
3. It is further agreed between the parties that the parties will
withdraw their respective matters filed against each other after
filing of first motion and before quashing of FIR, ie (i) DV Act
titled Indu Vs. Mohit Kumar Bharti etc. CT No. 5913/20, NDH-
28/10/21, (ii) Divorce case titled Indu Vs. Mohit Kumar Bharti
vide HMA No. 57/20, NDH-20.1.22, (iii) Petition u/s 9 HMA
W.P.(CRL) 105/2023 Page 3 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.01.2023
16:58:29
Neutral Citation Number is 2023/DHC/000624
No. 359/21 titled Mohit Kumar Bharti Vs. Indu, iv) Suit No.
315/21, titled Nand Kishore Vs Mohit Kumar Bharti etc.
pending before Ms. Ruchika Tyagi, Ld. CH, Tis Hazari, West
District, NDH-01.11.21
4. It is further agreed between the parties that both the parties
shall make necessary statements before the concerned court for
compounding the compoundable offence.
5. It is further agreed between the parties that both the parties
or their relative/legal heirs/friends etc. will not interfere in the
lives of each other.
6. It is further agreed that after receiving of settlement amount
and quashing of FIR etc., nothing shall remain between the
parties with regard to their marriage and the First Party will
not claim any right over the property of the Second Party in
future.
7. It is further agreed between the parties that in case the
default arises from the side of the accused/second party, then
the settlement amount already paid shall stand forfeited and if
the default arises from the side of the complainant/first party
then the complainant party shall return the said amount to the
accused/second party.”
4. The petitioners and the complainant/respondent no. 2 are present
before this court in person and have been duly identified by the IO.
Respondent No.2 has stated that she was married to the petitioner No.
W.P.(CRL) 105/2023 Page 4 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.01.2023
16:58:29
Neutral Citation Number is 2023/DHC/000624
1 namely Mohit Kumar on 07.10.2016 and lived together till
23.08.2020. She has stated that no child was borne out of wedlock.
She has stated that now she has amicably settled all the disputes with
the petitioners and wants to put a quietus to the same. She has further
stated that she has already received a sum of Rs.10,00,000/- and the
remaining sum of Rs. 5,00,000/- has been paid today by way of
Demand Draft bearing No. 760294 dated 07.12.2023 drawn on Punjab
National Bank. She has stated that she has entered into the settlement
voluntarily out of her own free will, without any fear, force or
coercion. She has further stated that the petitioners have complied
with the terms and conditions of the settlement and therefore, she has
no objection if the present FIR and all criminal proceedings
emanating therefrom are quashed.
5. Both the parties state that divorce decree by way of mutual consent
has also been granted by the learned Principal Judge, Family Courts,
South, Saket Courts, Delhi vide order dated 30.04.2022.
6. The dispute between the parties have been settled and continuance of
FIR No. 282/2021 would serve no useful purpose and may cause
prejudice to the petitioner and be an exercise in futility. The chances
of conviction would also be bleak and remote, given that the parties
do not wish to pursue the present complaint on account of the
settlement. I do not see any reason to reject the settlement. It is better
to put a quietus to the dispute in view of the settlement deed arrived at
between the parties voluntarily without any force, fear and coercion.
The Supreme Court and this Court have time and again held that cases
W.P.(CRL) 105/2023 Page 5 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.01.2023
16:58:29
Neutral Citation Number is 2023/DHC/000624
arising out of matrimonial differences should be put to quietus if the
parties have arrived upon a genuine settlement. Reliance can be
placed on B.S. Joshi v. State of Haryana , (2003) 4 SCC 675; K.
Srinivas Rao v. D.A. Deepa , (2013) 5 SCC 226; Yashpal Chaudhrani
and Others vs. State (Govt. of NCT Delhi) and Another , 2019 SCC
OnLine Del 8179).
7. Considering the totality of facts and circumstances of the case and in
view of the submissions of respondent no.2/ Ms. Indu, the case FIR
No. 282/2021 registered at PS Fatehpur Beri, Delhi, under Sections
498A/406/34 IPC and all criminal proceedings emanating therefrom
are quashed.
8. Accordingly, the present petition stands disposed of.
DINESH KUMAR SHARMA, J
JANUARY 16, 2023
Pallavi
W.P.(CRL) 105/2023 Page 6 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:30.01.2023
16:58:29