$~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
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