Vikas Gupta v. Govt of NCT of Delhi

Delhi High Court · 05 Sep 2023 · 2023:DHC:6757

Dinesh Kumar Sharma

CRL.M.C. 6409/2023

2023:DHC:6757

criminal petition_allowed Significant

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The Delhi High Court quashed an FIR under sections 498A, 406, 34 IPC and Dowry Prohibition Act following an amicable settlement and mutual divorce between the parties, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C. 6409/2023
HIGH COURT OF DELHI
CRL.M.C. 6409/2023, CRL.M.A. 24040/2023
VIKAS GUPTA AND ORS ..... Petitioners
Through: Mr. Siddharth Chaudhary, Ms. Mansi Batra, Mr. Vivek Teotia, Advs. with petitioner.

VERSUS

GOVT OF NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Digam Singh Dagar, APP and ASI Naushad Haider, PS Bhajanpura.
Mr. Pankaj Chauhan, Adv. with R-2.
Date of Decision: 05.09.2023.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA(Dowry Prohibition Act) at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 05.12.2015, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Bhavya. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 25.06.2021 and instituted litigation against each other.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated 24.05.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.15,00,000/- (Fifteen Lakhs Only) as a full and final settlement, Out of which Rs 13,00,000/- (Thirteen Lakhs only) has been paid and today demand draft Rs. 2,00,000/- in the name of Tanvi Gupta dated 04.09.2023 bearing NO. 964887 drawn from Punjab National Bank, is handed over to respondent no.2.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 05.08.2023 passed by Learned MM. Ankur Jain, Family Court, Karkardooma Court

5. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash of FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA(Dowry Prohibition Act) at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom.

6. Parties have now settled the matter vide compromise-cum-settlement deed dated 24.05.2022 on the following terms and conditions:

A. “It has been settled between the parties that both the parties have agree to dissolve the marriage with mutual consent and file the divorce with consent before the concerned court.

B. Both the parties agreed that the First party shall give a sum of Rs.

15,00,000/- to the Second party as full and final settlement and dispute arose between the parties during the substance of marriage.

C. Whereas it has been agree between the parties that the first party has already paid a sum of Rs. 5,00,000/- (DD No. 036013) out of total Rs. 15,00,000/- to the second party on 25th June 2021.

D. Whereas it has been agreed between the parties that the First party shall pay a sum of Rs. 4,00,000/- either in cash or draft out of the remaining balance of Rs. 10,00,000/- at the time of recording of the Statement on first motion divorce petition before the concerned court.

E. Whereas it has been agreed between the parties that the First party shall withdraw this aforesaid petition i.e., divorce petition, before the concerned court after filling of the second motion and before recording of the statement of the second motion.

F. Whereas it has been agreed between the parties that the Second party agreed to withdraw her aforesaid petition i.e., petition under section 12 PWDV Act and there execution petitions pending before the concerned court after filling of the second motion and before recording the statement of the second motion.

G. Whereas it has been agreed between the parties that the First party shall pay a sum of Rs. 4,00,000/- out of remaining balance of Rs. 6,00,000/- either in case or draft at the time of recording the statement on second motion divorce petition before the concerned court.

H. Whereas both the parties have been agreed that the custody of Minor child Namely Bhavya will remain with the first party and both the parties agreed to have visitation right of the second party on 2nd and 4th Sunday of every month to meet her minor child namely Bhavya and if any difficulty arises on Sunday then the visit will be postponed to next Sunday. That the first party will hand over her child to second party on every visit at 10:00 am at Little Flowers School, Vijay Park, Yamuna Vihar, Delhi or wherever the second party lives (in case the second party home location changes) and the second party will have the right to take the child from the house of the First Party in case of First Party unable to drop the child and the second party will handover the child back to the First Party at 06:00 pm at Little Flowers School, Vijay Park, Yamuna Vihar, Delhi.

I. That the first party shall drop the child to the house of Second Party on the birthday of the child and on big festivals which include like Diwali, Raksha Bandhan and Christmas Second Party has the right to meet her and spend time with her for 3-4 hours.

J. That the Second Party shall have the right to make video call to the child around 07:00 PM on 3rd Sunday every month for 15 Minutes and if there is any network issue or any other technical fault then the video call will be made on the mobile of the second party i.e.,

9990769086. K. Whereas it has been agreed between the parties that the First Party shall inform the Second Party in case of change of school and house of the child and also in case of major health issues.

L. That the First Party will take the whole responsibility of the child and if the first party fails to fulfill the terms of above mentioned paras in respect of visitation, schooling, healthcare and video calling as agreed in this agreement then the custody of the child shall be handed over to the Second Party and Second Party and her family members shall have right to claim the monthly maintenance of the child.

M. The rights as mentioned in the above points related to visitation, video calling, festival meets will commence from May 2022 till the child attains the age of 18 years.

N. If the first party fails to accomplish or violates the above mentioned conditions in respect of visitation, video call, festival meet, then a sum of Rs.2500/- (Twenty Five hundred) per each Visitation/ Video/ Festival meet shall be paid as a penalty to Tanvi by Vikas Gupta.

O. Whereas both the parties have agreed that the remaining balance of

Rs. 2,00,000/- shall be given to the second party by the first party at the time of quashing the FIR No. 246/2019 U/S 498A/ 406/34 IPC 3/4 DP Act, at PS Bhajanpura, Delhi and the Second Party undertakes to cooperate with the first party and shall remain present before the Hon’ble High Court to make the necessary statement for quashing of aforesaid FIR. The Quashing of the FIR will be done after the statement of second motion.

P. That the Second Party has settled all her past, present and future claim/ rights regarding dowry articles istridhan, jewelry, clothes, maintenance (present, past and future) and permanent alimony etc and the Second party shall have no claim of any kind whatsoever arising our of the matrimonial relations in future against the First Party since the Second Party has settled all her above said disputes with the First party as per this settlement.

Q. It has been further agreed between the parties that they will not interfere in the lives of each other and shall part ways amicably.

R. That both the parties in future, shall not file any suit, claim petition, application appeal and complaint/ complainants against each other before any authority or any court of law in any manner, with respect to the matter settled hereby. Further it is pertinent to mention that if First Party does not fulfill the above mentioned terms in regard to the Child’s custody, education and health, the Second Party can take any type of legal action against the First Party.

S. That Second party and first party have agreed to dissolve their marriage and they shall get marriage dissolved by obtaining a decree of divorce by way of mutual consent as above mentioned.

T. It is further agreed between the parties that after compliance of all the above terms by the parties, they shall not litigate further in any manner on disputes qua their marriage and both parties shall not interfere in personal life of each other and also shall not claim any rights whatsoever in respect of moveable and immovable properties of each other in future. It is agreed that any other cases, if any, beside the aforesaid cases filed any party shall be withdrawn by the respective parties.

U. It is further agreed between the parties that this settlement is arrived at between the parties voluntarily without there being any pressure, coercion or threat or undue influence of any kind and contents of the settlement have been explained and read over to the parties in vernacular.

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V. That both the parties shall fully cooperate with each other and fully comply, and undertake to remain bound by the terms and conditions of this settlement.

W. It is agreed between the parties shall remain bound by the aforesaid terms of settlement.

X. It is agreed between the parties that if the first party failed to comply the terms and condition and will not withdraw the case as mentioned above and shall not come forward for second motion divorce statement then the money given to the second party and second party will have right to revive her cases and on the other hand if the second party fail to comply the terms and conditions as mention and will not come forward for second motion divorce petition or for statement for quashing before High Court and will not withdraw the case as mentioned above then the second party would be liable to return the amount given to her by the first party. And whereas it is necessary to mention here that at the time of this settlement both the parties are bound down with all the terms and conditions of this settlement, if any party failed to comply any terms and conditions of this compromise deed/ settlement then either party shall have every right to take legal action against other party before court of law as both the parties are bound down to comply all the terms and conditions of this settlement.

7. The parties have signed a joint statement to the effect that the settlement deed shall not affect the rights of the child in the future

8. Both parties have duly been identified by the IO. Respondent No. 2 submits that she has entered into the settlement voluntarily without any fear, force, or coercion. She submits that other petitions have already been withdrawn or dismissed. And since the parties have amicably settled, she has no objection to quash FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA(Dowry Prohibition Act) at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom.

9. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash noncompoundable offences after considering the nature of the offences and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675;K. Srinivas Rao v. D.A.Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

10. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

11. In view of the above, FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA(Dowry Prohibition Act) at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom are quashed.

12. The present petition along with all the pending applications stands disposed of.

DINESH KUMAR SHARMA, J SEPTEMBER 5, 2023

Vikas Gupta v. Govt of NCT of Delhi

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