Shyam Dayal & Ors. vs The State Nct Of Delhi & Anr on 5 September, 2017

$~21

* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1571/2017
SHYAM DAYAL ORS. ….. Petitioners
Through Mr. G.S. Maken, Advocate and
petitioners in person.

versus

THE STATE NCT OF DELHI ANR ….. Respondents
Through: Ms. Sanjay Lao, ASC for the State/R-1
R-2 with SI Ria Jhakar, P.S. Delhi Cantt, Delhi
Respondent No.3 in person.

CORAM:
HON’BLE MR. JUSTICE VINOD GOEL

ORDER

% 05.09.2017

1. Status report has been filed.

2. Respondent No.3 appears in person. She is duly identified by IO SI
Ria Jhakar.

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.154/2011, registered on 09.08.2011 against them
with P.S. Delhi Cantt, (CAW Cell, Sector 9, Dwarka) under Section
498A of the IPC and Section 3 of the Dowry Prohibition Act, on the
complaint of respondent No.2.

W.P. (Crl.) No.1571/2017 Page 1 of 4

4. The marriage of the petitioner no.1 and the respondent no.3 was
solemnized on 15.02.2009 as per Hindu rites and ceremonies. Out of
this wedlock, a male child namely Sidharth was born in her parental
home.

5. After solemnization of their marriage, the petitioner no. 1 and the
respondent no. 3 started residing together in the matrimonial home.
Due to some temperamental differences between the petitioner no. 1
and the respondent no. 3, they could not reconcile with each other.
Resultantly, the respondent no.3 left the matrimonial home on
27.10.2009 and started residing with her parents.

6. The respondent no.3 lodged a complaint with CAW Cell which
culminated into said FIR against the petitioners. She had also filed a
petition under Section 12 of The Protection of Women from Domestic
Violence Act, 2005 (hereinafter referred to as the ‘DV Act’) before
the learned MM, Mahila Court, Dwarka Courts, New Delhi. The
petitioner had also filed a petition for divorce on the ground of cruelty
and desertion against the respondent No.3 before the Principal Judge,
Patiala House Courts, New Delhi.

7. On making a reference by the learned MM, Mahila Court, Patiala
House Courts, Delhi, the parties appeared before the learned
Mediator, Delhi Mediation Centre, Dwarka Courts, New Delhi. On
07.04.2016, the petitioner No.1 and respondent No.3 had amicably
settled their all disputes. The petitioner No.1 and respondent No.3
had agreed 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.2,50,000/- to the respondent no.3 in full and final

W.P. (Crl.) No.1571/2017 Page 2 of 4
settlement of her all claims including the maintenance, permanent
alimony and cost of dowry/stridhan articles.

8. Pursuant to this settlement, at the time of recording the statement of
the parties in the first motion petition, a sum of Rs.1,00,000/- was
paid by the petitioner no. 1 to the respondent no.3. Further, a sum of
Rs.1,00,000/- was paid by the petitioner No.1 to the respondent No.3
at the time of recording their statement in the second motion petition.
A decree of divorce by mutual consent was awarded on 09.01.2017 by
the court of learned Principal Judge, Family Courts, New Delhi by
which the marriage between the petitioner no. 1 and the respondent
no.3 was dissolved.

9. The respondent No.3 present in the court states that pursuant to the
settlement she had withdrawn her both the petitions under Section 12
of the D.V. Act.

10. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.50,000/- vide DD No.251522 issued by Axis Bank Ltd, New Delhi
in favour of respondent No.3. The respondent No.3 present in the
court states that she has voluntarily settled and resolved their all
dispute with the petitioners without any force and coercion. She
further 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 so far not
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

W.P. (Crl.) No.1571/2017 Page 3 of 4
between the parties and no purpose would be served in further
pursuing the said FIR. Hence, to secure ends of justice, the FIR
bearing No.154/2011, registered on 09.08.2011 against them with P.S.
Delhi Cantt, (CAW Cell, Sector 9, Dwarka) under Section 498A of
the IPC and Section 3 of the Dowry Prohibition Act and proceedings
arising out of the said FIR are hereby quashed.

13. The petition is disposed of accordingly.

14. DASTI.

VINOD GOEL, J.

SEPTEMBER 05, 2017
“sandeep”

W.P. (Crl.) No.1571/2017 Page 4 of 4

Leave a Comment

Your email address will not be published. Required fields are marked *