Hari Shankar Raikwar & Ors vs State & Anr. on 13 October, 2017

$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1671/2017 Crl.M.A. 9258/2017 (stay)
HARI SHANKAR RAIKWAR ORS ….. Petitioners
Through: Ms.Gulshan Jahan, Advocate with
Mr.Surya Kamal Mishra, Advocate for petitioners
along with petitioner no. 1 and 2 in person.

versus

STATE ANR ….. Respondents
Through: Mr.R.S. Kundu, ASC for State with
Mr.Prem Sagar Pal and Mr.Bhagat Singh,
Advocates along with SI Gopal Singh, PS
Mehrauli, Delhi.
Mr.Rizwan Ali, Advocate for R-2 along with
respondent no. 2 in person.

CORAM:
HON’BLE MR. JUSTICE VINOD GOEL
ORDER

% 13.10.2017

1. Status report has already been filed.

2. Respondent No.2 appears in person. She is being represented by her
counsel. She is duly identified by IO SI Gopal Singh.

3. The petitioners have invoked the writ jurisdiction of this court under
Article 226 227 of the Constitution of India for quashing of the FIR
bearing No. 0806/2015, registered against them on 21.03.2015 with
Police Station Mehrauli, District South, Delhi, under Sections
498A/406/34 IPC on the complaint of respondent No.2.

4. The marriage of the petitioner with the respondent no. 2 was
solemnized on 13.05.2002 as per Hindu rites and ceremonies in New

W.P. (Crl.) No. 1671/2017 Page 1 of 4
Delhi. Out of this wedlock, two male children namely Deepak and
Dev were born on 18.11.2003 and 06.10.2007 respectively.

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 in the year
2010 and started residing separately.

6. The respondent No.2 lodged a complaint against the petitioners before
the CAW Cell which culminated into the said FIR. She preferred a
petition under Section 12 of The Protection of Women from Domestic
Violence Act, 2005 (hereinafter referred to as the ‘DV Act’) against
the petitioners in the court of learned MM, Mahila Court, Saket, New
Delhi. She also preferred an execution petition before learned MM,
Mahila Court, Saket, New Delhi.

7. The petitioner no. 1 filed a petition for divorce against the respondent
no. 2 under Section 13 of the Hindu Marriage Act, 1955 bearing
No.351/2013 before the learned Principal Judge, Family Court,
Jhansi, U.P. and an ex parte decree of divorce was granted on
09.05.2014 in favour of the petitioner no. 1 and against the respondent
no.2.

8. On making a reference by the learned MM, Mahila Court, South
District, Saket, New Delhi, the parties appeared before Delhi
Mediation Centre, Saket, Delhi. On 18.11.2016, the parties had
amicably resolved and settled all their disputes before the learned
Mediator. By the mediation settlement, the petitioner no. 1 had

W.P. (Crl.) No. 1671/2017 Page 2 of 4
agreed to pay a total sum of Rs.4,00,000/- to the respondent no. 2 in
full and final settlement of her all claims, which includes maintenance
and costs of dowry and stridhan articles. The respondent no. 2 had
agreed to withdraw her petition filed under Section 12 of DV Act and
also the execution petition from the court of learned MM, Mahila
Court, Saket, New Delhi.

9. The respondent No.2 states that she had voluntarily settled and
resolved all her disputes with the petitioners without any force and
coercion.

10. The respondent no. 2 submits that she had received a sum of
Rs.1,50,000/- from the petitioner no. 1 at the time of withdrawal of
execution petition. She submits that on 10.03.2017, she had received
further a sum of Rs.1,50,000/- from the petitioner no. 1 at the time of
withdrawal of petition under Section 12 of DV Act. She submits that
she had withdrawn both her petitions from the court of learned MM,
Mahila Court, Saket, New Delhi. She further submits that she accepts
the ex parte divorce granted by the court of learned Principal Judge,
Family Court, Jhansi, U.P. in HMA Case No. 351/2013 on
09.05.2014.

11. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.1,00,000/- by handing over a DD No. 097836 dated 09.10.2017
drawn on State Bank of India, Jhansi Branch, U.P. in favour of
respondent No.2, which has been accepted by her.

12. The respondent No.2 submits that she has received the entire
settlement amount from the petitioner. She submits that she does not
want to pursue the said FIR. She submits that the said FIR may be

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quashed.

13. Learned ASC through the IO submits that the charge sheet has so far
not been filed.

14. Both the parties submit that now nothing is due and recoverable by
them against each other. Since the parties have amicably settled all
their disputes, no fruitful purpose would be served in further pursuing
the said FIR. Hence, to secure ends of justice, the FIR bearing
No.0806/2015, registered against them on 21.03.2015 with Police
Station Mehrauli, District South, Delhi, under Sections 498A/406/34
IPC and proceedings arising out of the said FIR are hereby quashed.

15. The petition and pending application Crl.M.A.9258/2017 are disposed
of accordingly.

16. DASTI.

VINOD GOEL, J.

OCTOBER 13, 2017
“shailendra”

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