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Date of Decision: 9th September, 2015
PUNEET JAIN & ORS ..... Petitioners
Through Mr. Rajeev Sharma, Advocate along with petitioner no. 1
Through Ms. Kamna Vohra, ASC (Crl.)
SI Gaurav Chaudhary, P.S. Shahdara Mr. Neeraj Gupta, Adv. for the respondent no. 2/ complainant along with respondent no. 2
SIDDHARTH MRIDUL, J (ORAL)
Crl. MA No. 12981/2015 (Exemption)
JUDGMENT
1. Exemptions allowed subject to all just exceptions.
2. The application stands disposed of. W.P.(CRL) 1942/2015 and Crl. MA No. 12980/2015 (Stay)
1. The present is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C, 1973 seeking quashing of FIR No. 399/2014 2015:DHC:7492-DB under Sections 406/498A/34 IPC read with Section 4 of Dowry Prohibition Act, 1961 registered at Police Station- Shahdara, 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 ceremonies on 5th February, 2013 at Delhi. However, no child was born from the said wedlock. After the marriage, the parties lived together as husband and wife in their matrimonial home but owing to temperamental and ideological differences, they separated from each other and started living separately since 3rd August, 2013. On a complaint instituted by respondent No.2, the subject FIR was registered against the petitioner no. 1 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, inter alia, on the following terms and conditions:-
4. In the present case, it has been noticed that pursuant to the settlement arrived at between the parties, a decree of divorce by mutual consent has already been obtained from the concerned Family Court.
5. In a nutshell, it has been agreed by and between the parties to the union that respondent no. 2/wife shall be paid a lump-sum of Rs. 16 lakhs towards all her claims against the petitioners.
6. Respondent No.2/wife, who is present in Court and has been identified by her counsel as well as the Investigating Officer i.e. SI Gaurav Chaudhary, Police Station- Shahdara, Delhi, states that in pursuance to the settlement, she has already received a sum of Rs. 11 lacs from the petitioners.
7. The balance sum of Rs. 5 Lacs has been handed over to respondent No.2 in the shape of two Demand Drafts dated 4th September, 2015 bearing Nos. 463201 and 463202 for the sum of Rs. 1 Lac and Rs. 4 Lacs drawn on the Yes Bank, Dr. A.B. Road, Worli Branch, Mumbai respectively in favour of the respondent no. 2, in Court today. Respondent No.2 acknowledges receipt thereof subject to their encashment.
8. Respondent No.2/wife further states that in view of the settlement arrived at between the parties, she is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.
9. Since the dispute between the parties, which arose out of a matrimonial discord between petitioner no. 1 and respondent no. 2, has been settled amicably by way of a Settlement Agreement dated 26th November, 2014, without any undue influence, pressure or coercion; and 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.
10. Resultantly, the FIR No. 399/2014 under Sections 498A/406/34 IPC registered at Police Station- Shahdara, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to the petitioners depositing a sum of Rs. 10,000/- each with the Delhi Lawyers’ Welfare Fund within a period of two weeks from today. Receipt thereof shall be provided to the Investigating Officer in the subject FIR.
11. With the above directions, the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J SEPTEMBER 09, 2015