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Date of Decision: 10.05.2016
AMIT YADAV & ORS ..... Petitioners
Through: Mr R.K.Lamba, Advocate.
Through: Mr Rajesh Mahajan, Addl. Standing Counsel (Crl.).
Mr H.S.Yadav, Advocate for R-2 with R-2 in person.
SI Harender Singh, PS- Khyala.
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.415/2014 under Sections 325/498A/506/34 IPC registered at Police Station- Khyala, Delhi. 2016:DHC:3760-DB
2. The facts in brief are that the petitioner No.1 (husband) and respondent No.2/complainant (wife) were married to each other according to Hindu rites and ceremonies on 13.03.2013. A female child, namely, Kanak was born out of the said wedlock on 18.12.2013 and is in the care and custody of petitioner No.1. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 31.05.2014. On a complaint instituted by respondent No.2, the subject FIR was registered against the petitioners.
3. Counsel for the petitioners as well as the respondent No.2, who appears in person and has been identified by the IO in the subject FIR, namely, SI Harender Singh, PS- Khyala, state that with the intervention of friends, relatives and well wishers, the parties have arrived at an amicable resolution of all their outstanding matrimonial disputes. The salient terms and conditions of the settlement as noted in the judgment dated 09.03.2016 passed by the Principal Judge, Family Courts, West Distt., Tis Hazari Courts, Delhi in petition under Section 13-B(2) of the Hindu Marriage Act, 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.25 lakh towards all her claims vis. a vis. permanent alimony, dowry articles, maintenance past, present and future etc. against the petitioners.
5. Counsel for the petitioners as well as the respondent No.2, further state that pursuant to the said settlement between the parties to the union, a sum of Rs.20 lakh has already been received by respondent No.2 as per the terms of the settlement. The balance sum of Rs.[5] lakh has been handed over to the respondent No.2 in court today by way of a demand draft bearing No.52094[5] drawn on Bank of India, Vishnu Garden, Delhi. The respondent No.2 acknowledges receipt of the same subject to its realization.
6. In the present case, it is observed that pursuant to the settlement arrived at between the parties to the union, a decree of divorce by mutual consent dated 09.03.2016 has already been obtained by the parties from the concerned Family Court, Tis Hazari Courts, Delhi.
7. Respondent No.2 states that in pursuance to the settlement arrived at between the parties, she is no longer keen to proceed with the subject FIR.
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 without any undue influence, pressure or coercion; as the parties have obtained decree of divorce by mutual consent on 09.03.2016, no useful purpose will be served by proceeding with the subject FIR.
9. Resultantly, the FIR No.415/2014 under Sections 325/498A/506/34 IPC registered at Police Station- Khyala, Delhi, is hereby set aside and quashed qua the petitioners subject to their depositing a sum of Rs.20,000/in the aggregate with the Victims’ Compensation Fund within a period of two weeks from today. A copy of the receipt thereof shall be provided to the IO in the subject FIR.
10. With the above directions the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J MAY 10, 2016 mk