Ravi Jain & Ors. v. State (Govt of NCT of Delhi) & Anr

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. 58/2014 under Sections 498A/406/34 IPC registered at Police Station- Punjabi Bagh and the proceedings arising therefrom.

2. The facts in brief are that the petitioner No.1 was married to respondent No.2 according to Hindu rites and ceremonies on 13th May, 2013 at Delhi. However, no child was born from the said wedlock. After the 2015:DHC:6961-DB 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 have been living separately since 17th May,

2013. On a complaint lodged by respondent No.2, the subject FIR was registered against the petitioners.

3. Counsel for the parties state that with the aid and assistance of the Delhi Mediation Centre, Tis Hazari Courts, the parties have arrived at an amicable resolution of their outstanding marital disputes. The terms and conditions of the said settlement are encapsulated in the Settlement Agreement/Memorandum of Understanding (MOU) dated 6th June, 2014, annexed to the present petition as Annexure-B, are as follows:-

4. Counsel appearing on behalf of the parties state that in pursuance to the said Settlement Agreement dated 6th June, 2014, a decree of divorce by mutual consent has already been obtained from the competent Court. A sum of Rs. 3 lakhs has already been paid to the respondent no. 2 by the petitioners till date. The balance sum of Rs. 2 lakhs has been handed over to respondent No.2 by way of two Demand Drafts dated 26th June, 2015 bearing Nos. 211105 and 211106 respectively for the sum of Rs. 1 lakh each drawn on The Vaish Cooperative Adarsh Bank Ltd., Karol Bagh, New Delhi, in favour of the respondent no. 2, in Court today. Respondent No.2 acknowledges receipt thereof subject to its encashment.

5. Respondent No.2, who is present in Court and has been identified by her counsel as well as the Investigating Officer i.e. SI Manoj Dahiya, Police Station Punjabi Bagh, Delhi, 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.

6. 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/MOU dated 6th June, 2014, without any undue influence, pressure or coercion; 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.