Full Text
Date of Decision: 2nd December, 2015
VIKRAM SINGH ..... Petitioner
Through Mr. Sachin K. Bansal, Advocate along with petitioner
Through Mr. Ashish Aggarwal, ASC (Crl.)
Mr. Deepak Rao, Adv. for R-2 along with respondent no. 2/complainant
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. 1011/2014 under Sections 406/498A IPC registered at Police Station- Rajouri Garden, Delhi and the proceedings arising therefrom.
2. The facts in brief are that the petitioner (husband) and respondent No.2 (complainant-wife) were married to each other according to Hindu rites and customs on 17th February, 2004 at Delhi. One minor daughter namely 2015:DHC:9861-DB Avishi has been born out of the said wedlock and the daughter is in the custody of respondent no. 2. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately. On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner (husband).
3. Counsel for the parties state that with the aid and assistance of the elders in the family, the parties to the union have arrived at an amicable resolution of their matrimonial dispute culminating into a Compromise Deed dated 31st October, 2015. The salient terms and conditions of 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. 13 lakhs towards all her claims against the petitioner past, present and future. The agreement between the parties is lawful and the same is hereby accepted.
5. Counsel for the parties further state that pursuant to the said Compromise deed dated 31st October, 2015, the entire sum of Rs. 13 lakhs has been received by respondent no.2 (wife). Respondent no. 2(wife) acknowledges the receipt thereof.
6. The petitioner (husband) who appears in Court today, offers to pay, out of natural love and affection, an additional sum of Rs. 5 lakhs in a joint account to be opened by the complainant (wife) along with her minor daughter Avishi within a period of four weeks from today. This gracious offer made on behalf of the petitioner (husband) is accepted and he is directed to deposit the said amount as undertaken within a period of four weeks from today.
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 has already been obtained by the parties from the concerned Family Court.
8. Respondent No.2(wife)/complainant, who is present in Court and has been identified by her counsel, 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 and respondent no. 2 and resulted in the registration of the subject FIR, has been settled amicably by way of a Compromise deed dated 31st October, 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.
10. Resultantly, the FIR No. 1011/2014 under Sections 406/498A IPC registered at Police Station- Rajouri Garden, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua the petitioner.
11. With the above said directions, the writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J DECEMBER 02, 2015 sd