Delhi High Court
Praveen Arora & Ors. vs The State (Govt. Of Nct Of Delhi) And Anr. on 21 February, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
Neutral Citation Number 2023/DHC/001569
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5041/2022
PRAVEEN ARORA & ORS. ..... Petitioners
Through: Mr.Abhishek Gupta, Advocate with
petitioners in person.
versus
THE STATE (GOVT. OF NCT OF DELHI) AND ANR.
..... Respondents
Through: Mr.Raghvinder Verma, APP for the
State.
SI Robin Khatana, PS Moti Nagar
Mr.Vijay Kumar, Adv. for R-2 with
R-2 in person.
% Date of Decision: 21.02.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral) CRL.M.A. 20138/2022 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.
CRL.M.C. 5041/20221. The present petition has been filed for quashing of FIR No. 0245/2018 dated 04.07.2018 registered under Sections 498A/406/34 IPC at PS Moti Nagar, New Delhi. The said FIR was lodged at the complaint of the CRL.M.C. 5041/2022 Page 1 of 6 Signature Not Verified Digitally Signed By:RAJ BALA Signing Neutral Citation Number 2023/DHC/001569 respondent No.2/wife. Chargesheet has been filed under sections 498A/406/354A/354D/34 IPC.
2. Facts in brief are that the marriage between the petitioner No.1 namely Mr. Praveen Arora and Respondent No.2/complainant was solemnized on 27.04.2015 as per Hindu Rites and Customs at Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 2017. Consequently, respondent no. 2/complainant lodged a complaint in Women Cell, Subzi Mandi against the petitioners herein. On the basis of which, the present FIR came to be registered. The respondent No.2/complainant filed an application u/s 12 Protection of Women from Domestic Violence Act, 2005 which is pending adjudication before the Ld. MM., West District, Tis Hazari Courts, Delhi.
3. Petitioner No. 1 also filed a divorce petition against the respondent No.2/complainant. However, during the pendency of aforesaid cases, the learned MM., West District, Tis Hazari Courts, Delhi, referred the matter to Delhi Mediation Centre, Tis Hazari Courts, Delhi, where both the parties amicably settled their all their disputes vide settlement agreement dated 03.12.2021 on the following terms and conditions:
" 1. It is agreed between the parties that they shall dissolve their marriage by obtaining a decree of divorce by way of mutual consent court decree in the concerned court in Delhi.
2. It has been agreed between the parties that the respondent / husband Mr. Praveen Arora shall pay a total sum of Rs. 12,00,000/- (Rupees twelve lacs only) along with jewellery & other articles, as per two lists annexed herewith as Annexure-A & B respectively, duly CRL.M.C. 5041/2022 Page 2 of 6 Signature Not Verified Digitally Signed By:RAJ BALA Signing Neutral Citation Number 2023/DHC/001569 signed by both the parties to petitioner/wife Ms. Teena Arora towards full and final settlement of all her claims including istridhan, maintenance (present, past and future) and permanent alimony, marriage articles/jewellery etc.
3. It has been agreed between the parties that the above said settlement amount shall be paid by the respondent husband to petitioner/wife in the following installments, in the following manner:-
(i) 1st installment of Rs. 4,00,000/- (Rupees four lac only) shall be paid by way of DD in the name of petitioner/ wife before the concerned Ld. Family Court Delhi at the time of recording statements of the parties in first motion petition for mutual divorce which shall be filed within one month from today.
Expenses for the first motion shall be borne by the respondent/ husband.
(ii) 2nd installment of Rs. 4,00,000/- (Rupees four lac only) shall be paid by way of DD in the name of petitioner! wife at the time of recording of statement of the parties in second motion petition for mutual divorce which shall be filed as per law or within such time as the concerned Ld. Family Court may condoned. Expenses for the second motion shall be borne by the complainant/ wife.
(iii) 3rd installment of Rs. 4,00,000/- (Rupees four lac only) shall be paid by way of DD in the name of petitioner/wife at the time of recording of statement before the Horrible High Court for quashing of FIR No. 245/18. The petition for quashing of present FIR shall be moved by the respondent/ husband and his family members within 30 days after passing of decree of divorce by mutual consent. The petitioner wife shall cooperate to give statement, affidavit/ NOC and to do all these acts which may be required to be done before concerned Hon'ble High Court for quashing of present FIR. Expenses for the petition for quashing of FIR before Hon'ble High Court of Delhi shall be borne by the respondent/ husband.
4. That the petitioner wife shall withdraw present case from the Ld. Court concerned after recording statements of parties in first motion CRL.M.C. 5041/2022 Page 3 of 6 Signature Not Verified Digitally Signed By:RAJ BALA Signing Neutral Citation Number 2023/DHC/001569 and before filing of second motion petition The respondent/ husband shall also withdraw divorce petition as mentioned above from the Ld. Family Court concerned after recording statements of parties in first motion and before filing of second motion petition.
5. That the respondent/ husband shall return the jewellery as mentioned in Annexure. 'A' to the complainant/ wife at the time of recording statements in first motion proceedings for mutual divorce before Ld. Family Court.
6. That the complainant/wife shall take the delivery of the other articles as mentioned in Annexure-'B' within one week from the respondent / husband after recording statements in first motion proceedings for mutual divorce before Ld. Family Court and shall issue proper acknowledgment for the said articles.
7. That in case of default from either side in carrying out the terms of this settlement, he/she shall be liable to pay a sum of Rs. 50,000/- (Rupees fifty thousand only) by way of penalty /compensation to the other side besides refunding/returning/forfeit the benefit received hereunder.
8. It is further agreed between the parties that after this settlement. both the parties shall be left with no right, title or interest in the movable or immovable properties of each other or their family members and both the parties shall not file any case, complaint or litigation against each other in future pertaining to the present manage and shall cooperate with each other in execution of present settlement and withdrawal of already filed cases.
9. That the parties have gone through the terms herein before recorded and have confirmed and verified the same to be correct and that they are going to sign it without any threat, pressure, coercion or undue influence from any quarter. Both the sides undertake to abide by the terms & conditions mentioned hereinabove."
4. As per the settlement, parties filed for divorce by mutual consent, whereby, decree of divorce was granted vide order dated 28.05.2022 by the CRL.M.C. 5041/2022 Page 4 of 6 Signature Not Verified Digitally Signed By:RAJ BALA Signing Neutral Citation Number 2023/DHC/001569 learned Additional Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi.
5. Petitioner No.2 and 3 namely Asha Rani and Surjeet Lal who are the parents of the petitioner No.1 have expired on 05.12.2019 and 06.11.2020 respectively. Remaining petitioners and the complainant/respondent no. 2 are present before this court in person and have been duly identified by the IO. Respondent No.2 has stated that she was married to the petitioner No. 1 namely Praveen Arora on 27.04.2015 and lived together till 2017. She has stated that no child was born out of wedlock. She has stated that now she has amicably settled all the disputes with the petitioners and wants to put a quietus to the same. As per the settlement, her husband/petitioner No.1 has to pay Rs. 12,00,000/- towards full and final settlement of the entire dispute and she states that she has already been paid Rs. 8,00,000/-. The remaining sum of Rs. 4,00,000/- has been given to her today by way of a Demand Draft bearing No. 305900 dated 06.02.2023 drawn on Punjab National Bank, Karol Bagh (Central Delhi), Delhi- (001210). She has stated that she has no objection if FIR No. 0245/2018 registered at PS Moti Nagar, New Delhi under Sections 498A/406/34 IPC and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, force, undue influence or coercion.
6. The disputes between the parties have been settled and continuance of FIR No. 0245/2018 would serve no useful purpose and may cause prejudice to the petitioners and be an exercise in futility. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue CRL.M.C. 5041/2022 Page 5 of 6 Signature Not Verified Digitally Signed By:RAJ BALA Signing Neutral Citation Number 2023/DHC/001569 the present complaint on account of the settlement. I do not see any reason to reject the settlement. Moreover, the parties have already been granted decree of divorce dissolving their marriage. This court considers that it is better to put a quietus to the dispute in view of the settlement arrived at between the parties voluntarily. The Supreme Court and this Court have time and again held that cases arising out of matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement. Reliance can be placed on B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.
7. Considering the totality of facts and circumstances of the case and in view of the submissions of respondent no.2/complainant, the case FIR No. 0245/2018 dated 04.07.2018 registered at PS Moti Nagar, New Delhi under Sections 498A/406/34 IPC and all the proceedings emanating therefrom are quashed.
8. The present petition stands disposed of.
DINESH KUMAR SHARMA, J FEBRUARY 21, 2023 rb CRL.M.C. 5041/2022 Page 6 of 6 Signature Not Verified Digitally Signed By:RAJ BALA Signing