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Date of Decision: 3rd November, 2015
PAWAN CHADHA & ORS ..... Petitioners
Through Mr. Manoj Lohia, Advocate along with petitioner no. 1
Through Mr. Ashish Aggaral, ASC (Crl.) for State with Mr. Piyush Singhal, Adv.
SI Neeraj Kumar, P.S. Mandawali Mr. Santosh Kumar and Shreenivas
Sharma, Advs. for respondent no. 2 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. 344/2014 under Sections 406/498A IPC registered at Police Station- Delhi and the proceedings arising therefrom. 2015:DHC:9139-DB
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 7th December, 2012 at Delhi. No child has been born out of the said wedlock. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 1st July, 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, Karkardooma Courts, Delhi, the parties to the union have arrived at an amicable resolution of their matrimonial dispute culminating into a Settlement Agreement dated 15th July, 2014. The salient terms and conditions of the said Settlement Agreement dated 15th July, 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. 9 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 a sum of Rs. 7 lakhs has already been received by respondent no.2(wife). The balance sum of Rs. 2 lakhs has been brought to the Court in the shape of Demand Draft dated 13.08.2015 bearing NO. 188684 drawn on Syndicate Bank, Rani Jhansi Road, 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 Neeraj Kumar, Police Station- Mandawali, 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 15th July, 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. 344/2014 under Sections 406/498A IPC registered at Police Station- 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/- with the Delhi High Court Staff Welfare Fund 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.
11. Pending application also stands disposed of.
SIDDHARTH MRIDUL, J NOVEMBER 03, 2015 sd