Full Text
HIGH COURT OF DELHI
CRL.M.C. 7056/2022
HARISH CHAUHAN & ORS. ..... Petitioners
Through: Mr.Rajnish Pratap and Mr.Satya Prakash, Advocates with petitioners in person.
Through: Mr.Amit Sahni, APP for the State.
Ms.Pushpa Yadav, Adv. For R-2 with R-2 in person.
Date of Decision: 06.04.2023
JUDGMENT
1. Present petition has been filed under section 482 CrPC seeking quashing of FIR No.172/2021 registered under section 498A/406/34 IPC at PS Sarai Rohilla.
2. Briefly stated facts of the case are that the parties got married on 08.03.2019 in accordance to Hindu rites and ceremonies. Thereafter due to temperamental differences the parties started living separately from November 2019. Owing to these differences Respondent No.2 got registered the present FIR No.172/2021 U/s 498/406/34 IPC. One child namely Master Kiyaan Chauhan was born out of this wedlock on 04.03.2020.
3. Both the parties entered into an settlement vide compromise deed dated 02.09.2021 with the following terms and conditions: -
(i) That it is agreed between the parties that the second party/husband shall pay an amount of Rs.6,75,000/- (Rs. Six Lac Seventy Five Thousand only) to the First Party/Wife, as full and final settlement (against istridhan, dowry, compendation and permanent alimony, towards past, present and future qua this marriage and child and nothing shall remain due qua this marriage).
(ii) It has been agreed between parties that the above settlement amount of Rs.6,75,000/- shall be paid by the second party/husband to the first party/wife by way of cash/demand draft in the following manner- (A) Rs.2,50,000/- shall be paid by the second party/husband to the first party/wife at the time of recording of statement in the first motion for divorce by mutual consent before the Hon’ble Court and the first motion petition shall be filed within seven days from today. (B) Rs.2,50,000/- shall be paid by the second party/husband to the first party/wife at the time of recording statement of parties, during second motion for divorce by mutual consent before the Hon'ble court and the same shall be filed within a period of seven days after the stipulated period of six months.
(C) Rs.1,75,000/- shall be paid by the second party/husband to the first party/wife at the time of signing the writ petition for …. It is further agreed between the parties that the First Party/Wife shall withdraw two cases i.e. maintenance case u/s 125 Cr.P.C. and time of signing the.writ petition for Quashing the aforesaid F.I.R. shall be filed within fifteen days from the order of second motion.
(iii) It is further agreed between the parties that the First Party/Wife shall withdraw two cases i.e. maintenance case u/s 125 Cr.P.C., and D.V.Act petition filed by her against the second party/husband and his family members from the competent count after recording the statement of divorce U/s 13 (B) (1) of Hindu Marriage Act and before filing of petition u/S 13 (B) (2) of Hindu Marriage Act.
(iv) It is further agreed between the parties that first party/Wife shall co-operate to second party/husband to quash the F.I.R. bearing no.172/21 P.S, Sarai Rohilla, Delhi under Section 498A/406/34 I.P.C., before Hon’ble Delhi High Court at Delhi and petition under section 482 of Cr.P.C for quashing the aforesaid F.I.R.shall be filed by second party within 15 days from pass the decree of divorce by concern Court.
(v) It is further agreed between the parties that apart from the above mentioned cases, no other case is pending between the parties and if any case, complaint or litigation is found pending the same shall be withdrawn by the concern party.
(vi) It is further agreed that on grant of divorce, both the parties shall be left with no claims against each other of any nature whatsoever and shall be free to live their lives independently without interference of each other and first party and the minor son Kiyaan Chauhan shall not claim any rights in any movable or immoveable properties of second party/husband and his family members and also both the parties and their relatives shall not claim any case/litigation against each other in future.
(vii) It is further agreed that first party wife have custody of minor child namely Master Kiyaan Chauhan and second party/husbad have no visiting right to meet the Master Kiyaan Chauhan.
2. That both the parties have arrived at this compromise of their own free will and volition and without any threat, compulsion or coercion from any corner.
4. The decree of divorce was granted vide order dated 06.06.2022
5. In view of the order dated 22.12.2022 of this Court, a subsequent compromise deed dated 11.01.2023 has been executed with regard to the protection of legal rights of minor child namely Master Kiyaan Chauhan, terms No.1 (i) and (vi) of settlement dated 02.09.2021 have been reviewed and following terms have been agreed upon by the parties:
1. That the minor child Kiyaan would be free to have recourse to the provision law for seeking appropriate relief from the court in relation to the aspect of maintenance, education and upbringing in term of pronouncement of the judgment by Hon’ble High Court in case title as “Rakesh Jain & Ors v/s Sarita Gupta, Cr.Misc. NO.2935/2019 or as per law.
2. That remaining terms and conditions of compromise deed dated 02.09.2023 will be continue and para no.1 (i) and (vi) and all facts regarding right of minor child Kiyaan, mention in compromise deed dated 02.09.2021 stands withdrawn.
6. It is submitted that during the pendency of the cases, with the intervention of family members and well-wishers both the parties entered into an settlement vide compromise deed dated 02.09.2021 and subsequent compromise deed dated 11.01.2023 has also been executed with regard to legal rights of Mater Kiyaan Chauhan, therefore, the present FIR maybe quashed along with all the other proceedings emanating therefrom.
7. In compliance of the terms of settlement deed a D.D.No.041613 dated 24.03.2023 in the sum of Rs.1,75,000/- drawn on Bank of Baroda, Sadar Bazar, Delhi-10006 in the name of Ms.Shalini Chauhan has been handed over in Court today.
8. Parties have been duly identified by the investigating officer.
9. I have interacted with the parties.
10. It has repeatedly been held by the Apex Court that in the matrimonial disputes, if the parties have settled the disputes between themselves, the Court should also encourage the same. In the present case, the petitioner No.1 and the respondent No.2 have been residing separately since long. The divorce has taken place between them.
11. I consider that there would be no purpose of continuing with the trial as the parties have entered into the settlement voluntarily without any fear, force and coercion, and have decided to give quietus to the proceedings. It was a matrimonial dispute which has been amicably settled.
12. Taking into account the totality of facts and circumstances, the case FIR No.172/2021 registered under section 498A/406/34 IPC at PS Sarai Rohilla and all the proceedings emanating therefrom are quashed.
13. The present petition stands disposed of.
DINESH KUMAR SHARMA, J APRIL 6, 2023