W.P.(CRL)/1746/2015 of GHAN SHYAM & ORS Vs THE STATE ( GOVT OF NCT OF DELHI) & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(CRL) 1746/2015

GHAN SHYAM & ORS

..... Petitioners

Through:Mr.Dinkar Verma, Adv.

versus

THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... RespondentsThrough:Mr.Piyush Singhal, Adv. proxy forMr.Ashish Agarwal, ASC with SI Subhash Chand,PS Sangam Vihar.Mr.Madan Lal, Adv. for R-2.Through:Mr.Piyush Singhal, Adv. proxy forMr.Ashish Agarwal, ASC with SI Subhash Chand,PS Sangam Vihar.Mr.Madan Lal, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%17.08.2015

Crl.M.A.11766/2015

Exemption granted subject to all just exceptions.

Application stands disposed of.

W.P.(CRL) 1746/2015

By the present petition, the petitioners, who are the husband and hisrelatives, seek quashing of the FIR No.498/2013 dated 11.11.2013 (PSSangam Vihar) instituted for offences under Sections 406, 498A and 34 ofIPC.

The respondent No.2 is present in person along with her counsel and submitsthat she has no objection to the quashing of FIR as her grievances have been

redressed pursuant to mediation and later, an agreement between the accusedpersons and respondent No.2, which stood concluded on 18.1.2014.

The petitioner No.1 was married to respondent No.2 in the year 2012. Nochild was begotten from the wedlock. Certain differences arose between theparties where after the husband and wife started residing separately.

It has been stated on behalf of the petitioner that the respondent wife left thematrimonial home on 15.6.2012.Sometimes later i.e. on 13.2.2013 therespondent No.2 lodged complaint in CAW Cell, Nanak Pura, New Delhi.Thereafter the subject FIR namely FIR No.498/2013 was instituted on11.11.2013.

Learned counsel for the petitioner draws the attention of this Court to thefact that the petitioner had also filed case under Section 9 of the HinduMarriage Act, 1955 for restitution of his conjugal rights. In the aforesaidpetition, the dispute was referred to Mediation Centre whereupon oneVandana Sharma, Mediator, facilitated the settlement of disputes betweenthe parties especially husband and wife i.e. petitioner No.1 and respondentNo.2.

Considering the irretrievable matrimonial discord, it was agreed uponbetween the parties that they would part ways by seeking decree of divorceby mutual consent.The petitioner No.1 (husband), as part of thearrangement, had to pay total sum of Rs.60,000/- towards full and finalsettlement of claims of respondent No.2 arising out of her marriage with thepetitioner. This amount included maintenance - past, present and future,permanent alimony, istridhan and dowry articles.

The aforesaid amount of Rs.60,000/- had to be paid in instalment.

The last instalment of Rs.20,000/- has been handed over by the counsel forthe petitioner to respondent No.2 which has been accepted by her as full andfinal settlement of the case.

As part of the arrangement, it was agreed upon between the parties that afterthe part of the obligation which was required to be performed by thepetitioner (especially petitioner No.1) was fulfilled, the respondent No.2would assist and facilitate the quashing of the FIR No.498/2013 (P.S.Sangam Vihar) i.e. the subject FIR.

It has been submitted on behalf of the petitioner that decree of divorce hasalready been passed and the petitioner No.1 and respondent No.2 are free tolead their lives.

Considering the aforesaid aspects, it would be in the interest of justice thatFIR and all the resultant proceedings thereby be quashed. No useful purposewould be served in allowing the investigation in the aforesaid FIR tocontinue.

As result of the aforesaid discussion, the FIR No.498/2013 is quashed.

The petition is allowed.

ASHUTOSH KUMAR, J

AUGUST 17, 2015ns