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Vinod K. Jangid & Ors vs State & Anr on 5 November, 2019

$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 05.11. 2019
+ CRL.M.C. 3060/2019
VINOD K. JANGID ORS ….. Petitioners
Through Mr. Bhagat Singh, Adv.
versus
STATE ANR ….. Respondents
Through Mr. Izhar Ahmed, APP for State
SI Rajnish, PS Sagarpur
Ms. Suman, Respondent no.2 in
person along with her uncle Sh.
Phool Chand (tauji)
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)

1. Vide the present petition, petitioners seek direction thereby

quashing the FIR No.224/2015 registered at P.S. Sagarpur, Delhi for the

offences punishable under Sections 498A/Section406/Section34 IPC and proceedings

emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State.

4. With the consent of the counsel for the parties, the present petition

is taken up for final disposal.

5. The facts of the case are that the marriage between the petitioner

CRL.M.C.3060/2019 Page 1 of 4
no.1 and respondent no.2 was solemnized on 12.04.2011, at Rajasthan.

There is no child born out of this wedlock. However, thereafter due to

incompatibility between petitioner no.1 respondent no.2, they started

living separately since 23.08.2014. After separation, the respondent no.2

came to Delhi and lodged a complaint against the petitioners which

culminated into the aforesaid FIR.

6. The respondent no.2 instituted two more cases in Delhi, one under

Section 125 Cr.P.C. before the Family Courts at Patiala House Courts,

Delhi and another case under the provisions of PWDB Act before the

Metropolitan Magistrate, at Patiala House Courts, Delhi. Petitioner no.1

also filed a divorce petition before the Family Courts at Jaipur. The said

case was registered as Case No.20/2015.

7. Further, during the pendency of the aforesaid case, the parties were

referred to mediation under the aegis of the Family Courts at Jaipur.

During the mediation proceedings, petitioner no.1 and respondent no.2

settled all their disputes vide settlement dated 16.03.2019 and claims

arising out of their matrimony. The terms of settlement were duly

recorded by them in the first motion of divorce. In pursuance to the said

settlement, the petitioner no.1 and respondent no.2 applied for divorce

CRL.M.C.3060/2019 Page 2 of 4
through mutual consent before the Family Courts at Jaipur where the first

motion was accepted on 16.03.2019.

8. Learned counsel for the petitioners submits that as per the

settlement, petitioner no.1 has to pay an amount of ₹.8,25,000/- to the

respondent no.2 which has already been deposited by way of demand

draft, before the Family Courts, Jaipur on 18.09.2019, in terms of order

dated 17.09.2019. Further submits that the said amount shall be released

to the respondent no.2 pursuant to quashing of the aforementioned FIR

and recording of her statement before the Family Courts, Jaipur giving

her consent for the second motion.

9. Respondent no.2, who is present in the Court along with her uncle

(tauji) Sh. Phool Chand, and has been identified by the IO/SI Rajnish,

states that though the matter has been settled with the petitioners, she has

not yet received the settled amount. She further submits that as agreed,

she will withdraw all the cases filed by her against the petitioners and she

prays before this Court that the petitioners be also directed to withdraw

all the cases filed against her by them, except for the divorce petition at

Family Courts, Jaipur.

10. In view of the settlement arrived at between the parties, I hereby

CRL.M.C.3060/2019 Page 3 of 4
quash the FIR No.224/2015 registered at P.S. Sagarpur, Delhi for the

offences punishable under Sections 498A/Section406/Section34 IPC and proceedings

emanating therefrom. However, it is made clear that the parties shall

withdraw their respective cases on the very first date coming before the

court concerned.

11. Family Courts, Jaipur is directed to release the amount deposited

with it by the petitioners, in form of the demand draft, in favour of the

respondent no.2, subject to recording her statement giving her consent

for the second motion.

12. I hereby make it clear that no case shall remain pending against

either party and if any of the party violates the order of this Court, it will

be viewed seriously and action as per law shall be taken.

13. With these observations, the instant petition stands disposed of.

14. Order dasti under signatures of the Court Master.

(SURESH KUMAR KAIT)
JUDGE
NOVEMBER 05, 2019/sm

CRL.M.C.3060/2019 Page 4 of 4

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