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2017 DIGILAW 3435 (DEL)

Deepak v. State Nct Of Delhi

2017-09-07

VINOD GOEL

body2017
ORDER : 1. Status report has been filed. 2. Respondent No.2 appears in person. She is being represented by her counsel. She is duly identified by IO SI Prempal. 3. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.198 registered on 25.02.2016 against them with Police Station Bhajan Pura, Delhi, under Sections 498A/406/34 IPC on the complaint of respondent No.2. 4. The marriage of the petitioner no.1 with the respondent no. 2 was solemnized on 27.04.2008 as per Hindu rites and ceremonies. Out of this wedlock one male child namely Kartik was born on 09.01.2009. 5. After solemnization of their marriage, the petitioner no. 1 and the respondent no. 2 started residing together in the matrimonial home. Due to some temperamental differences between the petitioner no. 1 and the respondent no. 2, they could not reconcile with each other. Resultantly, the respondent no.2 left the matrimonial home on 26.03.2014 and started residing separately. 6. The respondent no. 2 lodged a complaint with CAW Cell which culminated into said FIR against the petitioners. She had also preferred a petition under Section 125 of Cr.P.C. for maintenance against the petitioner No.1 before the Principal Judge, Family Court, (North East District) Vishwas Nagar, Delhi. 7. On making reference by the learned Principal Judge, North-East District, Family Court, Vishwas Nagar, Delhi, the parties appeared before the learned Mediator, Delhi Mediation Centre, Karkardooma Courts, Delhi. They have resolved and settled their all disputes on 30.07.2016. By this settlement, the petitioner no. 1 and the respondent no. 2 had decided to part company of each other and obtain a decree of divorce by mutual consent. The petitioner no. 1 had agreed to pay a total sum of Rs.8,00,000/- to the respondent no.2 in full and final settlement of her all claims including the maintenance and cost of dowry/stridhan articles. It is also agreed that their child Master Kartik shall remain in the custody of respondent No.2 and that the petitioners shall not have any right of visitation. 8. Pursuant to this settlement, at the time of recording the statement of the parties in the first motion petition, a sum of Rs.3,00,000/- was paid by the petitioner no. 1 to the respondent no. 2. 8. Pursuant to this settlement, at the time of recording the statement of the parties in the first motion petition, a sum of Rs.3,00,000/- was paid by the petitioner no. 1 to the respondent no. 2. On 17.12.2016, the petitioner had paid further a sum of Rs.1 lakh to respondent No.2 at the time of withdrawal of the proceedings in petition under Section 125 Cr.P.C. and in execution petition. Further, a sum of Rs.3,00,000/- was paid by the petitioner No.1 to the respondent No.2 at the time of recording their statement in the second motion petition. A decree of divorce by mutual consent was granted on 15.03.2017 by the court of learned Principal Judge, Family Courts (North East), Vishwas Nagar, Delhi by which the marriage between the petitioner no. 1 and the respondent no.2 was dissolved. 9. The respondent No.2 states that she has voluntarily settled and resolved all her disputes with the petitioners without any force and coercion. The respondent No.2 states that pursuant to the settlement she had withdrawn her petition under Section 125 of the Cr.P.C. 10. Today, the petitioner No.1 has paid the balance settlement amount of Rs.1,00,000/-vide DD No.317781 dated 12.07.2017 issued by Punjab National Bank, Civil Lines, Delhi in favour of respondent No.2. The respondent No.2 submits that she has received the entire settlement amount from the petitioner No.1. She submits that she does not want to pursue the said FIR. She submits that the said FIR may be quashed. 11. Learned ASC through IO submits that the charge sheet has already been filed. 12. Both the parties submit that now nothing is due and recoverable by them against each other. The matter had been amicably settled between the parties and no fruitful purpose would be served in further pursuing the said FIR. Hence, to secure ends of justice, the FIR bearing No.198 registered on 25.02.2016 with Police Station Bhajan Pura, Delhi, under Sections 498A/406/34 IPC and proceedings arising out of the said FIR are hereby quashed. 13. The petition is disposed of accordingly.