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Date of Decision: 13th January, 2016
ANAND KUMAR VERMA & ORS ..... Petitioners
Through Mr. Sumit Choudhary, Advocate
Through Mr. Sanjay Lao, Addl. Standing Counsel (Crl.)
SI Ranvir Singh, P.S. Najafgarh
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. 372/2012 under Sections 406/498A/34 IPC registered at Police Station- Najafgarh, Delhi and the proceedings arising therefrom. 2016:DHC:287-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 customs on 29th March, 2011. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 11th April, 2011. No child has been born out of the said wedlock. 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. Apart from the subject FIR, the following proceedings were instituted by the parties against each other:- “i. FIR No. 372/2012, registered at P.S. Najafgarh, under Section 498A/406/34 IPC registered on the complaining statement of the first party pending in the court of Ms. Manu Goel Kharb, Ld. MM, Dwarka Courts, New Delhi and the same is fixed for 21.05.2015. That during the bail proceedings the second party had paid a sum of Rs. 5 lacs to the first party. ii. FIR No. 1027/2014, registered at P.S. Saraswati Vihar/Subhash Place, under section 377/509/34 IPC registered on the complaining statement of the first party pending in investigation. iii. Complaint Case u/s 200 Cr.PC. for offences under section 323/506/34 IPC filed by the second Party against the First Party and her family members, in which the first party and her mother and father have been summoned and now the same is pending before the Hon’ble Court of Ms. Ruchika Singhla, Ld. MM, Dwarka Court, New Delhi. iv. FIR No. 33/2014, registered at P.S. Saraswati Vihar/Subhash Place, under section 354/509/506 IPC registered on the complaining statement of the sister of the second party pending in the Hon’ble Court of Ms. Shefali Barnala Tandon, Ld. MM, Rohini Courts, Delhi; and now the same is fixed for 24.08.2015. v. Divorce case u/s 13(1)(ia)(d) of HMA fixed by the second party against the first party and the same is pending before the Hon’ble Court of Ms. Bimla Kumari, Ld. Judge, Family Court, Rohini Courts, Delhi; and the same is fixed for 20/07/2015. vi. Maintenance case u/s 125 Cr.P.C filed by the first party against the second party and the same is pending before the Hon’ble Court of Ms. Bimla Kumari, Ld. Judge, Family Court, Rohini Courts, Delhi; and the same is fixed for 20/07/2015.”
4. Counsel for the parties state that with the intervention of elders in the family and friends, the parties to the union have arrived at an amicable resolution of their outstanding marital disputes which has culminated into a Compromise Deed dated 19th May, 2015. The salient terms and conditions of the afore-stated settlement are as follows:-
5. 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. 17 lakhs in full and final settlement towards all her claims vis. a vis. permanent alimony, stridhan, maintenance past, present and future etc. against the petitioners.
6. Counsel for the parties further state that pursuant to the said settlement between the parties, the entire sum of Rs. 17 lakhs has been received by respondent no.2 (wife). The said position is not refuted by the complainant (wife).
7. 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 January, 2016 has already been obtained by the parties from the concerned Family Court.
8. Respondent No.2/complainant (wife), who is present in Court and has been identified by the Investigating Officer i.e. SI Ranvir Singh, Police Station- Najafgarh, 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.
9. 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 Compromise Deed dated 19th May, 2015 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.
10. Resultantly, the FIR No. 372/2012 under Sections 406/498A/34 IPC registered at Police Station- Najafgarh, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to each of the petitioners depositing a sum of Rs. 5,000/- each with the Victims’ Compensation Fund within a period of two weeks from today. A copy of the receipt thereof shall be provided to the Investigating Officer in the subject FIR.
11. With the above said directions, the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J JANUARY 13, 2016 sd