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Harish Kumar vs State & Anr on 19 February, 2021

Author: Subramonium Prasad

Bench: Subramonium Prasad

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.M.C.483/2021
       HARISH KUMAR                                  ..... Petitioner
                      Through Mr. Babanjeet Singh, Advocate

                          versus
       STATE & ANR.                                         ..... Respondents
                          Through       Ms. Meenakshi Chauhan, APP for the
                                        State.
                                        Mr. Vaibhav Nautiyal, Advocate for
                                        the complainant/respondent No.2
                                        along with complainant in person.
    CORAM:
    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
            ORDER

% 19.02.2021 HEARD THROUGH VIDEO CONFERENCING Crl.M.A.2508/2021(exemption) Allowed, subject to all just exceptions.

1. The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.1215/2014, dated 28.12.2014, registered at Police Station Neb Sarai, Delhi, for offences under Sections 323 IPC and Section 31 of Domestic Violence Act, 2005. The present FIR is the result of a matrimonial dispute between the parties. The respondent No.2 is the complainant and the petitioner is the husband of the complainant.

2. The principal ground on which the petition is filed is that the parties have amicably settled their disputes. It is stated that in terms of the MoU dated 27.01.2020, arrived at before the Delhi Mediation Centre, Saket Crl.M.C.483/2021 Page 1 of 4 Courts, New Delhi, both the parties will try to dispose of the property bearing No.F-140, Second Floor, Jawahar Park, Khanpur, Devli Road, New Delhi which is in the name of the elder brother of the petitioner, Navin Kumar, and out of the proceeds of the said property half share will be given to the complainant/respondent No.2 towards the full and final settlement of all the claims of the complainant, including stridhan, permanent alimony and maintenance(present, past and future). Out of the amount which the respondent No.2/complainant will get on the sale of the property, she will be returning Rs.1,00,000/- to Navin Kumar. It is further stated in the settlement agreement that soon after the completion of sale of the abovesaid property, the parties will file a petition for divorce by mutual consent. It is agreed that at the time of first motion, the petitioner will pay 1/3rd share of the sale proceeds by way of a DD in the name of the complainant/respondent No.2 after adjusting Rs.1,00,000/- which was to be given to Navin Kumar by the complainant/respondent No.2 as stated above. Thereafter, the petitioner will pay another 1/3rd share when the statement in the second motion in the divorce petition is recorded. This payment will be made by way of a DD in the name of the complainant/respondent No.2. It is agreed that the remaining 1/3rd share will be paid by the petitioner during the quashing of the present FIR. It is further stated in the settlement agreement that the custody of the children will remain with the complainant/respondent No.2 and the petitioner shall have visitation rights as agreed mutually and as per the wishes of the children.

3. The complainant/respondent No.2 has also filed an affidavit (page No.37 of the paper book) affirming the fact that the claims and grievances of the complainant/respondent No.2 against the petitioner in the Crl.M.C.483/2021 Page 2 of 4 abovementioned FIR stand settled. Furthermore the complainant does not have any objection if the FIR against the petitioner is quashed as she has already settled her claims due to her.

4. Today, parties have joined the proceedings through Video Conferencing. The parties have been identified by their respective counsel. The complainant/respondent No.2 states that she has settled all her matrimonial disputes with the petitioner out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them before the Family Court and the proceedings recorded before this Court.

5. The parties who are present through Video Conferencing understand the implication of the present proceedings. In view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.1215/2014, dated 28.12.2014, registered at Police Station Neb Sarai, Delhi, for offences under Sections 323 IPC and Section 31 of Domestic Violence Act, 2005. and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the Court.

6. Since the Police had to spend valuable time in investigating the offence and considerable time has been spent by the court in the criminal proceedings initiated by the petitioner, this Court is inclined to impose cost on the petitioner. The petitioner is directed to deposit a sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) in DHCBA Lawyers Social Security and Welfare Fund. Details of the Account are as under:

                   Account Name:       DHCBA Lawyers Social
                                       Security and Welfare Fund
                   Account Number:     15530100009730
                   Bank Name:          UCO Bank
                   Branch:             Sher Shah Road, New Delhi
                   IFSC Code:          UCBA0001553

Copy of the receipt may be given to the concerned Investigating Officer and the same be also filed with the Registry to show compliance of the order.

6. The petition stands disposed of in the abovementioned terms.

SUBRAMONIUM PRASAD, J.

FEBRUARY 19, 2021 Rahul Crl.M.C.483/2021 Page 4 of 4