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HIGH COURT OF DELHI
Date of Decision: 08th January, 2016
ROHIT MITTAL & ORS ..... Petitioners
Through: Mr Sanjay Agnihotri, Advocate.
Through: Ms Kamna Vohra, Addl. Standing Counsel (Crl.) with ASI Tej Ram, PS-
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.1089/2014 under Sections 406/498-A/34 IPC registered at Police Station- Najafgarh, Delhi and the proceedings arising therefrom. 2016:DHC:179-DB
2. The facts in brief are that Rohit and Deepti, petitioner No.1 and respondent No.2 respectively, were married according to Hindu rites and ceremonies on 26.06.2012 at Delhi. However, no child has been born out of the said wedlock. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 21.11.2013. On a complaint instituted by respondent no.2-wife, the subject FIR was registered against the petitioner No.1 (husband) and his family members, who are the other petitioners in the present writ petition.
3. Counsel for the parties state that with the aid and assistance of Mediation Centre, Dwarka Courts, New Delhi, the parties to the union have arrived at an amicable resolution of their matrimonial dispute which culminated into the settlement agreement dated 29.01.2015. The salient terms and conditions of the said settlement agreement dated 29.01.2015 are as under:-
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.[9] lac towards all her claims against the petitioners past, present and future.
5. Counsel for the parties further state that pursuant to the said settlement agreement dated 29.01.2015, a sum of Rs.7,50,000/- has already been received by respondent No.2 (wife). The balance sum of Rs.1,50,000/- has been brought to the court in the shape of a demand draft dated 11.12.2015 bearing No. 007335 drawn on Axis Bank Ltd. in favour of respondent No.2(wife) herein. The respondent No.2 (wife) acknowledges receipt thereof subject to its encashment.
6. The respondent No.2-complainant, who is present in Court and has been identified by the IO in the subject FIR, namely, ASI Tej Ram, PS- Najafgarh, 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 arising therefrom.
7. 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 agreement dated 29.01.2015 without any undue influence, pressure or coercion; as the parties have obtained decree of divorce by mutual consent; and since the agreement between the parties is lawful, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.
8. Resultantly, the FIR No.1089/2014 under Sections 406/498-A/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 their depositing a sum of Rs.5,000/- each with the Victims’ Compensation Fund, Government of NCT of Delhi within a period of two weeks from today. A copy of the receipt thereof shall be provided to the IO in the subject FIR.
9. With the above said directions the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J JANUARY 08, 2015 mk