Full Judgment Text
21
IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 20 January, 2016
W.P.(CRL) 183/2016 & CRL.M.A. 1006/2016
SUMIT KUMAR & ORS ..... Petitioners
Through: Mr S.N.Gupta, Advocate.
versus
STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Ms Kamna Vohra, Addl. Standing
Counsel (Crl.) with SI Jagmohan, PS-
Baba Haridas Nagar.
Mr B.S.Randhawa, Advocate for R-2.
CORAM:
HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 seeking
quashing of FIR No.109/2013 under Sections 406/498A/34 IPC registered at
Police Station- Baba Haridass Nagar, Delhi and the proceedings arising
therefrom.
W.P.(Crl.) 183/2016 Page 1 of 7
2. The facts in brief are that the petitioner No.1 (husband) and
respondent No.2/complainant (wife) were married to each other according to
Hindu rites and customs on 26.04.2012. However, no child has been born out
of the said wedlock. Due to temperamental and ideological differences
between the parties to the marriage, they started living separately since June,
2012. On a complaint instituted by respondent no.2 (wife), the subject FIR
was registered against the petitioner No.1 and his family members.
3. Counsel for the parties state that the outstanding matrimonial dispute
between the parties to the union has been settled amicably before the
Mediation Centre, Dwarka Courts, New Delhi on 30.04.2015. The salient
terms of the said settlement dated 30.04.2015 are as follows:-
“1. That the defendant no. 1/wife Ms. Garima (for
herself and also on behalf of other defendants) and
the plaintiff/husband (for himself and also on behalf
of other respondents) have amicably and without any
force or coercion, resolved all their disputes in
respect of present suit as well as above mentioned
connected cases. It has been agreed between the
defendant no. 1/wife Ms. Garima and
plaintiff/husband Sh. Sumit Kumar that they shall
seek divorce by mutual consent.
W.P.(Crl.) 183/2016 Page 2 of 7
2. That the plaintiff/husband Sh. Sumit Kumar (For
himself and also on behalf of other respondents)
shall pay a total sum of Rs. 7,00,000/- (Rupees
Seven Lakh only) alongwith articles as per the
admitted list annexed hereto as Annexure ‘B’, duly
singed by the parties hereto, towards full and final
settlement of all claims of defendant no.1/wife Ms.
Garima regarding dowry, stridhan, permanent
alimony and maintenance (past, present and future),
which the defendant no. 1/wife Ms. Garima has
agreed to accept as such.
3. It has been agreed between the parties hereto that
the settled sum of Rs. 7,00,000/- (Rupees Seven
Lakh only) shall be paid by the plaintiff/husband Sh.
Sumit Kumar to the defendant no. 1/wife Ms.
Garima, by way of cash/DD in three installments, as
per the following schedule:
st
(i) 1 installment of Rs. 2,00,000/- (Rupees Two
Lakh only) shall be paid at the time of
recording of statement during first motion
petition under Section 13(B)(1) of HMA,
which shall be filed jointly by the parties i.e.
defendant no. 1/wife and the
plaintiff/husband, on or before 31.05.2015.
That, on the same day i.e. at the time of
recording of statement during first motion
petition under Section 13(B)(1) of HMA, the
plaintiff/husband Sh. Sumit Kumar shall hand
over to the defendant no.1/wife Ms. Garima,
W.P.(Crl.) 183/2016 Page 3 of 7
all the articles (from Sr. Nos. 1 to 10) as per
the admitted list annexed hereto as Annexure
‘B’, duly singed by the parties hereto, before
the Hon’ble concerned Court.
That, on the same day, the defendant no.
1/wife Ms. Garima shall also handover to the
plaintiff/husband Sh. Sumit Kumar, all the
articles (from Sr. Nos. 1 to 4) as per the
admitted list annexed hereto as Annexure ‘A’,
duly singed by the parties hereto, before the
Hon’ble concerned Court.
It is agreed between the parties hereto that the
freight charges to bring the articles as per
admitted list annexed hereto as Annexure ‘B’
by the plaintiff/husband Sh. Sumit Kumar
shall be borne by Sh. Sumit Kumar, and the
articles as per Annexure ‘A’ by the defendant
no.1/wife Ms. Garima, at the time of recording
of statement during first motion petition u/s
13(B)(1) of HMA before the Hon’ble
concerned Court, shall be borne by Ms.
Garima.
nd
(ii) 2 installment of Rs. 2,50,000/- (Rupees Two
Lakh Fifty Thousand only) shall be paid at the
time of recording of statement during second
motion petition under Section 13(B)(2) of
HMA, which shall be filed within 15 days
after expiry of minimum statutory period from
the date of first motion petition u/s 13(B)(1) of
HMA, as per law.
W.P.(Crl.) 183/2016 Page 4 of 7
rd
(iii) 3 installment of Rs. 2,50,000/- (Rupees Two
Lakh Fifty Thousand only) shall be paid at the
time of recording of statement of
complainant/wife in proceedings for quashing
of FIR No. 109/13 u/s 498A/406/34 IPC, PS
Baba Haridas Nagar, New Delhi, before the
Hon’ble High Court of Delhi, against all the
respondents in FIR No. 109/13.”
4. In a nutshell, it has been agreed by and between the parties to the
union that respondent no. 2 (wife) shall be paid a sum of Rs.7 lakh towards
all her claims vis. a vis . permanent alimony, stridhan, dowry articles,
maintenance past, present and future etc. against the petitioners.
5. Counsel for the parties further state that pursuant to the said settlement
between the parties to the union, a sum of Rs.4.5 lakh has already been
received by respondent no.2 (wife). The balance sum of Rs.2.5 lakh has
been brought to the Court in the shape of a bank draft bearing No.307580
dated 19.01.2016 drawn on Corporation Bank, Najafgarh, New Delhi, in
favour of respondent no. 2(wife) herein. The respondent No.2 acknowledges
receipt thereof subject to its encashment.
6. In the present case, it is observed that pursuant to the settlement
arrived at between the parties to the union, a decree of divorce by mutual
W.P.(Crl.) 183/2016 Page 5 of 7
consent dated 21.12.2015 has already been obtained by the parties from the
concerned Family Court, Dwarka, New Delhi.
7. Respondent No.2/complainant (wife), who is present in Court and has
been identified by the counsel representing her, states that in pursuance to
the settlement arrived at between the parties to the union, she is no longer
keen to proceed with the subject FIR and the proceedings emanating
therefrom.
8. Since the dispute between the parties which arose out of a matrimonial
discord between the petitioner No.1 and respondent no. 2 and resulted in the
registration of the subject FIR, has been settled amicably before the
Mediation Centre, Dwarka Courts, New Delhi by way of a settlement dated
30.04.2015 without any undue influence, pressure or coercion; as the parties
have obtained decree of divorce by mutual consent on 21.12.2015; and the
settlement between the parties is lawful, no useful purpose will be served by
proceeding with the subject FIR and the proceedings arising therefrom.
9. Resultantly, the FIR No.109/2013 under Sections 406/498A/34 IPC
registered at Police Station- Baba Haridass Nagar, Delhi and the proceedings
arising therefrom are hereby set aside and quashed qua the petitioners subject
to each of them depositing a sum of Rs.5,000/- with the Victims’
W.P.(Crl.) 183/2016 Page 6 of 7
Compensation Fund within a period of two weeks from today. A copy of the
receipt thereof shall be provided to the Investigating Officer in the subject
FIR.
10. With the above said directions, the writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
JANUARY 20, 2016
mk
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