Delhi High Court - Orders
Vikas Saini & Ors vs State Through Sho & Anr on 12 July, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1501/2022 & CRL.M.A. 13081/2022
VIKAS SAINI & ORS. ..... Petitioner
Through: Petitioners in person with Mr.
Rajeshwar Singh & Ms. Neeraj,
Advocates.
versus
STATE THROUGH SHO & ANR. ..... Respondent
Through: Mr. Amit Peswani, Advocate on
behalf of Ms. Nandita Rao, ASC for
State with SI Ramawati, PS North
Rohini.
R-2 in person with Mr. S.S. Saini,
Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 12.07.2022 CRL.M.A. 13081/2022 (Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of. W.P.(CRL) 1501/2022 The petitioners, vide the present petition have sought the quashing of the FIR No.403/2021, PS North Rohini, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 submitting to the effect that a settlement has W.P.(CRL) 1501/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.07.2022 17:35:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.
since been arrived at between the parties to the present petition vide a mediation settlement dated 28.05.2022.
It is submitted however on behalf of the State that provisions of Section 377 & 354A of the Indian Penal Code, 1860 have also been invoked, which is, however, refuted on behalf of the petitioners by the learned counsel present on behalf of the petitioners.
A perusal of the record i.e. Annexure-P3 to the present petition, copy of order dated 25.05.2022 in Bail Appl. No.1629/2022 indicates that a similar submission was made on behalf of the State even at the time of consideration of the said bail application, which is now stated to be listed for the date 26.07.2022.
Be that as it may, it has been submitted on behalf of the petitioners and the respondent no.2 that a settlement has been arrived at between the parties.
The Investigating Officer of the case is present and has identified the three petitioners present before the Court as being the three accused arrayed in the FIR in question and has also identified the respondent no.2 present in Court as being the complainant of the FIR in question.
A perusal of Annexure-P4 i.e. the Memorandum of Understanding dated 28.05.2022 between the parties indicates to the effect that the terms of the settlement were to the effect:-
".....
1. This is settled that the 1st party i.e Vikas Saini shall pay Rs 12 Lac to the second party in three installment as full and final settled amount and this amount shall include the permanent maintenance, alimony, compensation against W.P.(CRL) 1501/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.07.2022 17:35:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.
mental agony .and the payment shall be made in the below mentioned terms i.e. A. 6 lac Rupees at the time of signing this agreement B. 3 Lac Rs at the time of First Motion C. 3 Lac Rs at the time of quashing of FIR. ....."
It has been submitted on behalf of the respondent no.2 that a sum of Rs.6,00,000/- as per Clause 1(A) and a sum of Rs.3,00,000/- as per Clause 1(B) of the settlement document have already been received by the respondent no.2.
On behalf of the petitioners, learned counsel for the petitioners has now handed over a demand draft bearing no.977352 dated 07.07.2022 drawn on the Canara Bank in favour of Heena Saini i.e. the respondent no.2 herein for a sum of Rs.3,00,000/- to the respondent no.2 in the Court today itself. The respondent no.2 shall submit her signatures on receipt of the said demand draft.
In as much as, Annexure-P4 indicates that a per the terms of the settlement, the divorce proceedings are also pending between the parties and in reply to a specific Court query, it is informed on behalf of the petitioners and the respondent no.2 that the proceedings under Section 13B(1) of the HMA have already since culminated and that qua proceedings under Section 13B(2) of the HMA, the statements of the parties have been recorded yesterday with the matter now pending for the date 18.07.2022 at the Family Courts, Sonepat, Haryana, the copy of the divorce order and decree be W.P.(CRL) 1501/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.07.2022 17:35:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.
placed on the record by the parties before the next date of hearing.
The matter is directed to be re-notified for the date 26.07.2022.
ANU MALHOTRA, J JULY 12, 2022 nc W.P.(CRL) 1501/2022 Page 4 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:15.07.2022 17:35:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.