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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1563/2017
SHIVSHANKAR SALUJA ORS. ….. Petitioners
Through: Mr. Jayant Pawar, Advocate with
petitioners in person.
versus
THE STATE NCT OF DELHI ANR ….. Respondents
Through: Mr. Rajesh Mahajan, ASC for the State
with SI Virender Kumar, P.S. KNK Marg, Delhi.
Mr. Ankit Sharma, Advocate along with
respondent No.2 in person.
CORAM:
HON’BLE MR. JUSTICE VINOD GOEL
ORDER
% 04.09.2017
1. Status report has been filed.
2. 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. 333/2015, registered on 25.03.2015 against them
with Police Station KN Katju Marg, Outer District, Delhi, under
Sections 498A/406/34 IPC read with Section 4 of Dowry Prohibition
Act, 1961 on the complaint of respondent No.2.
3. Respondent No.2 accompanied by her mother has appeared in person.
She is being represented by her counsel. She is duly identified by IO
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SI Virender Kumar.
4. The marriage of the petitioner no.1 and the respondent no. 2 was
solemnized on 18.11.2010 as per Hindu rites and ceremonies at
Najibabad, District Bijnor. However, out of this wedlock, one female
child namely Deepika was born on 05.12.2011.
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
05.08.2011, when she was in the family way and started residing with
her mother.
6. The respondent no. 2 lodged a complaint with CAW Cell which
culminated into said FIR against the petitioners.
7. Later on, the parties had resolved and settled all their disputes on
13.09.2015. 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.6,00,000/- to the respondent no. 2 in full and final
settlement of all her claims including the maintenance and cost of
dowry/stridhan articles. They have decided that the child shall remain
in the custody of respondent. It is agreed that the petitioner shall not
have any visitation rights.
8. Pursuant to this settlement, at the time of mediation, a sum of
Rs.2,00,000/- was paid by the petitioner No.1 to the respondent No.2.
Further, at the time of recording of the statement of the parties in the
W.P. (Crl.) No.1563 /2017 Page 2 of 4
first motion petition, a sum of Rs.1,00,000/- was paid by the petitioner
no. 1 to the respondent no. 2. Further, a sum of Rs.2,00,000/- was paid
by the petitioner No.1 to the respondent No.2 at the time of recording
their statements in the second motion petition. A decree of divorce by
mutual consent was awarded on 22.03.2017 by the court of learned
Principal Judge, Family Courts, North District, Rohini Courts, Delhi
by which the marriage between the petitioner no. 1 and the respondent
no.2 was dissolved.
9. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.1,00,000/- vide DD No.797074 dated 30.08.2017 issued by Punjab
National Bank, Chowk Najibabad (Bijnor), U.P. in favour of
respondent No.2, which has been accepted by her. The respondent
no. 2 submits that she has received the entire settlement amount from
the petitioner No.1. The respondent No.2 states that she had
voluntarily resolved all disputes with the petitioners without any
coercion or force. She submits that she does not want to pursue the
said FIR. She submits that the said FIR may be quashed.
10. Learned ASC through the IO submits that the charge sheet has already
been filed against all the present petitioners.
11. 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. 333/2015, registered on 25.03.2015 with Police Station
KNK Katju Marg, Outer District, Delhi, under Sections 498A/406/34
IPC read with Section 4 of Dowry Prohibition Act, 1961 and
W.P. (Crl.) No.1563 /2017 Page 3 of 4
proceedings arising out of the said FIR are hereby quashed.
12. The petition is disposed of accordingly.
13. DASTI.
VINOD GOEL, J.
SEPTEMBER 04, 2017/
“sandeep”
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