Ketan Aggarwal & Ors. v. State of NCT of Delhi & Anr.

1. Exemptions allowed subject to all just exceptions.

2. The application is disposed of.

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. 53/2015 under Sections 406/498A/34 IPC registered at Police Station- CAW Cell, Nanakpura, Delhi and the proceedings arising therefrom. 2016:DHC:3631-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 24.02.2011. A male child, namely, Vihaan was born out of the said wedlock and is in the care and custody of petitioner no. 1 (husband). Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 31st May, 2013. On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his family members.

3. Counsel for the parties state that with the aid and assistance of elders in the family, the outstanding matrimonial dispute between the parties to the union has been settled amicably by way of a Compromise Deed dated 24th September,

2015. The salient terms and conditions of the settlement as enshrined in the said compromise deed 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. 50 lakhs towards all her claims vis. a vis. permanent alimony, dowry articles, maintenance past, present and future etc. against the petitioners.

5. Counsel for the parties further state that pursuant to the said Compromise Deed dated 24th September, 2015 entered into by and between the parties to the union, the entire sum of Rs. 50 lakhs has been received by respondent no.2 (wife). The latter acknowledges receipt thereof.

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 4th April, 2016 has already been obtained by the parties from the concerned Family Court, Rohini (North), Delhi; the copy of the same has been annexed as Annexure ‘P-3’ to the present writ petition.

7. Ms. Ekta, respondent No.2/complainant (wife), who is present in Court and has been duly identified by the Investigating Officer in the subject FIR namely SI Raman Pratap, Police Station- CAW Cell, Nanakpura, Delhi, states that in pursuance to the settlement arrived at between the parties to the union, she is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.

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 between the parties without any undue influence, pressure or coercion; as the parties have obtained decree of divorce by mutual consent; and since the settlement between the parties is lawful, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.

9. Resultantly, the FIR No. 53/2015 under Sections 406/498A/34 IPC registered at Police Station- CAW Cell, Nanakpura, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to their paying a sum of Rs. 25,000/- (in aggregate) with the Victims’ Compensation Fund within a period of two weeks from today. A copy of the receipt thereof be provided to the Investigating Officer in the subject FIR.