Full Text
Date of Decision: 3rd November, 2015
ANOJ PODDAR & ORS ..... Petitioners
Through Mr. Yogesh Chhabra, Advocate
Through Ms. Nandita Rao, ASC (Crl.) for State
SI P.L. Meena, P.S. Aman Vihar Mr. Prashant Sharma, Adv. for the respondent no. 2/complainant along with respondent no. 2
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT
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. 227/2014 under Sections 406/498A/34 IPC registered at Police Station- Aman Vihar, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner No.1 (husband) was married to respondent No.2 (wife) according to Hindu rites and customs on 8th June, 2015:DHC:9131-DB 2006 at Delhi. Two minor children namely Saurabh and Mohit have been born out of the said wedlock. Both the sons are in the custody of respondent no. 2(wife). Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 21st August,
2013. On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his family members.
3. Counsel for the parties state that with the aid and assistance of the Delhi Mediation Centre, Rohini District Courts, Delhi, the parties to the union have arrived at an amicable resolution of their matrimonial dispute culminating into a Settlement Agreement dated 24th April, 2014. The salient terms and conditions of the said Settlement Agreement dated 24th April, 2014 are as follows:-
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. 8.[5] lakhs towards all her claims against the petitioners past, present and future. The agreement between the parties is lawful and the same is hereby accepted.
5. Counsel for the parties further state that pursuant to the said Settlement Agreement dated 24th April, 2014, a sum of Rs. 6 lakhs has already been received by respondent no.2(wife). The balance sum of Rs. 2.[5] lakhs has been brought to the Court in the shape of Demand Draft dated 21.09.2015 bearing No. 817309 drawn on Punjab National Bank, Kirari, Delhi Branch, in favour of respondent no. 2(wife) herein. Respondent No.2 (wife) 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, a decree of divorce by mutual consent has already been obtained by the parties from the concerned Family Court.
7. Respondent No.2(wife)/complainant, who is present in Court and has been identified by her counsel as well as the Investigating Officer i.e. SI P.L. Meena, Police Station- Aman Vihar, Delhi, 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 petitioner no. 1 and respondent no. 2 and resulted in the registration of the subject FIR has been settled amicably by way of a Settlement Agreement dated 24th April, 2014 without any undue influence, pressure or coercion; as the parties have obtained decree of divorce by mutual consent; and since the agreement 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. 227/2014 under Sections 406/498A/34 IPC registered at Police Station- Aman Vihar, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to each of the petitioners depositing a sum of Rs. 5,000/- each with the Juvenile Justice Board-I, Delhi within a period of two weeks from today. 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 NOVEMBER 03, 2015 sd