Delhi High Court - Orders
Kanchan Rana & Ors vs State (Nct Of Delhi) & Anr on 25 February, 2019
Author: A.K. Pathak
Bench: A.K. Pathak
$~46 & 47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3647/2018
KANCHAN RANA & ORS ..... Petitioners
Through: Ms. Monika Arora, Ms. Amrita
Sharma and Mr. Praveen Singh,
Advs. with petitioner nos. 2 to 4 in
person.
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Ms. Manjeet Arya, APP.
Mr. Medhanshu Tripathi and Mr.
Harish Sharma, Advs. for R-2 along
with R-2 in person.
AND
CRL.M.C. 3659/2018
KANCHAN RANA & ORS ..... Petitioners
Through: Ms. Monika Arora, Ms. Amrita
Sharma and Mr. Praveen Singh,
Advs. with petitioner nos. 2 to 4 in
person.
versus
STATE (NCT OF DELHI)& ANR ..... Respondents
Through: Ms. Manjeet Arya, APP.
Mr. Medhanshu Tripathi and Mr.
Harish Sharma, Advs. for R-2 along
with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
ORDER
% 25.02.2019 By these petitions under Section 482 of the Code of Criminal Procedure, 1973, petitioners have prayed for quashing of following FIRs on the ground of settlement arrived at between the parties :
i) FIR No. 79/2014 under Sections 417/420/507/509 IPC registered at police station Lajpat Nagar, registered on the complaint of respondent no.2.
ii) FIR No. 649/2015 under Sections 509/506/34 IPC registered at police station Dwarka (South), on the complaint of respondent no.2.
Sh. Narinder Singh Rana (petitioner no.4) and Smt. Krishna Rana (petitioner no.3) are parents of Smt. Kanchan Rana (petitioner no.1);
whereas Sh. Uday Singh Rana (petitioner no. 2) is her brother. It is submitted that Smt. Kanchan Rana (petitioner no.1) was married with Sh.
Gaurav Malik, son of respondent no.2, on 27.10.2012. With the passage of time their relationship became strained, which lead to initiation of various litigations between them and their relatives. Aforementioned FIRs are also outcome of said marital discord. During the pendency of said litigations a settlement was arrived at between petitioners, respondent no.2 and Sh.
Gaurav Malik vide Memorandum of Understanding dated 19.08.2017, which reads as under :-
"MEMORANDUM OF UNDERSTANDING THIS Memorandum of Understanding ("MOU") is made and executed at New Delhi on 19.08.2017.
BETWEEN Smt.Kanchan Rana (represented through her father, Sh. Narinder Singh Rana vide Power of Attorney dated 16.07.2017), Sh. Narinder Singh Rana, Smt. Krishna Rana and Sh. Uday Singh Rana; hereinafter referred to as "Firsty Party" which expression shall include their successors, nominees, executors, assignees, etc. AND Smt. Neera Mahajan @ Neera Malik, Mr. Gaurav Malik (represented through his mother, Smt. Neera Mahajan @ Neera Malik vide Power of Attorney dated 01.08.2017) and Sh. Nikhil Malik; hereafter referred to as "Second Party"
which expression shall include their successors, nominees, executors, assignees, etc. The First Party and Second Party shall hereinafter be collectively referred to as "Parties" and individually as "Party".
Whereas the First Party and the Second Party has filed under mentioned cases/complaints before the various Hon'ble Courts at Dwarka court/Saket Court and STF/Crime Branch, Delhi Police. The details of the cases against each other are mentioned below:
FILED BY COMPLAINANT, MS. KANCHAN RANA
1. C.C.No.4993523/16 (Title: Kanchan Rana vs.Gaurav Malik & Ors.) u/s 12 D V Act. Complainant is Ms. Kanchan Rana and the respondents are Second Party. The present case is pending trial in the Hon'ble Court of Ms. Neha,MM-
SWD, Mahila Courts, Dwarka Courts, Delhi.
2. FIR No.90/14 dated 19.02.2014 in P.S.Dwarka (South) u/s 498-A/406/417/34 IPC (Titled: State vs. Neera Mahajan @ Neera Malik) (Court Reg.No.CrC/422931/2016), pending trial in the Hon'ble Court of Ms. Archana Beniwal, MM-SWD, Mahila Courts, Dwarka Courts, Delhi filed by Ms. Kanchan Rana and the respondents/accused are Ms. Neera Mahajan @ Neera Mali and Mr. Gaurav Malik.
3. C.C.No.167/3/2015 dated 03.12.2014, (Titled:
Kanchan Rana vs. Neera Mahajan @ Neera Malik) u/s 340(1) Cr.P.C. (Court Regn. No.CC/4991529/2016), pending trial in the Hon'ble Court of Ms. Archana Beniwal, MM-SWD, Mahila Courts, Dwarka Courts, Delhi filed by Ms. Kanchan Rana and the respondent is Ms. Neera Mahajan @ Neera Malik.
4. C.C.No.158/3/2015 dated 25.05.2015, (Titled:
Kanchan Rana vs. Neera Mahajan @ Neera Malik & Ors.) u/s 340(1) Cr.P.C.(Court Reg.No.CC/4990232/2016), pending trial in the Hon'ble Court of Ms.Neha, MM-SWD, Mahila Courts, Dwarka Courts Delhi filed by Ms.Kanchan Rana and the respondent is Ms.Neera Mahajan @ Neera Malik.
FILED BY RESPONDENT NO.2 IN PRESENT CASE, MS.NEERA MAHAJAN @NEERA MALIK.
5. C.C.No.103/14 (P.S. Lajpat Nagar) filed on 08.09.2014 u/s 500/506 (1) IPC (Titled:.Neera Mahajan vs. Uday Rana & Ors.) (Court Regn. No.CC/625807/2016), pending trial in the Hon'ble Court of Sh.Ravindra Kumar Pandey, Ld.MM-SED, Saket Courts, Delhi, and the NDOH is 23.09.2017, filed by Ms.Neeraj Mahajan @ Neera Malik and the respondents/accused are Ms.Uday Singh Rana, Ms.Kanchan Rana and Mr.Narinder Singh Rana.
6. FIR No.79/14 dated 12.02.2014 in P.S. Lajpat Nagar in which charge sheet has been filed u/s 417/420/509 IPC (Court Reg. No.CrC/96806/2016) and the same is pending trial in the Hon'ble Court of Sh.Munish Markan, CMM- SED, Saket Courts, Delhi, and the NDOH is 27.09.2017, filed by Ms.Neera Mahjan @ Neera Malik and respondents/accused are Mr. Uday Singh Rana and Ms. Kancan Rana.
7. FIR No.649/15 dated 21.08.2015 in P.S. Dwarka (South) in which chargesheet has been filed u/s 509/34 IPC (titled: State vs. Narinder Singh Rana & Ors.) (Court Reg. No.CrC/432962/2016 & CrC/1922/2017), pending trial in the Hon'ble Court of Sh. Tarun Yogesh, CMM-SWD, Dwarka Courts, Delhi, and the NDOH is 24.08.2017, filed by Ms. Neera Mahajan @ Neeraj Malik and respondents/accused are Mr. Narinder Singh Rana, Ms. Kanchan Rana and Ms.Krishna Rana.
8. FIR No.606/15 dated 17.07.2015 in P.S. Lajpat Nagar u/s 507/509 IPC and the same is pending investigation with the STF/Crime Branch, Delhi Police. Respondents/accused in this matter as mentioned in the FIR are Ms. Kanchan Rana, Mr. Narinder Singh Rana, Mr. Uday Singh Rana and Ms. Krishna Rana.
9. FIR No.833/15 dated 10.10.2015 in P.S. Lajpat Nagar u/s 387/506/509 IPC and the same is pending investigation with the STF/Crime Branch, Delhi Police.
Respondents/accused in this matter as mentioned in the FIR are Ms. Kanchan Rana and Mr. Narinder Singh Rana.
10. FIR No.117/16 dated 12.02.2016 in P.S. Lajpat Nagar, u/s 507/509 IPC (Titled: State vs. Shiva) CrC/1330/2017) pending trial in the Hon'ble Court of Sh. Ravindra Kumar Pandey, Ld.MM-SED, Saket Courts, Delhi, and the NDOH is 14.12.2017, filed by Ms. Neeraj Mahajan @ Neera Malik. However, no chargesheet has been filed against the respondents/accused, namely, Ms. Kanchan Rana, Mr.Uday Singh Rana and Mr. Narinder Singh Rana.
AND WHEREAS the facts of the case are that the husband, Sh.Gaurav Malik had filed a divorce petition against his wife, Ms. Kanchan Rana on 11.12.2014 from the Superior Court, State of Connecticut, Bridgeport, USA vide case titled, MALIK, GUARAV vs. RANA KANCHAN (docket No. FBT-FA15-4048802-S) and was granted the decree of divorce on 23.11.2015. Ms. Kanchan Rana on 03.01.2015 had also filed a Divorce Petition HMA No.388/16 (Title:
Kanchan Rana vs. Gaurav Malik) in the Family Court, Dwarka Courts, Delhi and received a divorce decree on 13.02.2017 from the Hon'ble Court of Sh. Deepak Jagotra, Principal Judge (Sough-West), Family Courts, Dwarka, New Delhi. The wife, Ms.Kanchan Rana and the husband, Sh. Gaurav malik are already divorced and leading their separate lives.
AND WHEREAS with the intervention of well wishers and their respective advocates and with mutual discussions, both the parties mentioned above have amicably and without any force or coercion, resolved their disputes in respect of all the cases mentioned at serial no.1 to 10 and any other cases which are not mentioned herein and are in the personal knowledge of both the parties, on the following terms and conditions:-
1. That both the parties here to have settled all their claims/disputes against each other with regard to cases at serial no.1 to 10, hereinabove mentioned.
2. That both the parties here to have settled their all disputes without any monetary consideration.
3. That it has been agreed by Ms. Kanchan Rana through her father Sh. Narinder Singh Rana that she has fully and finally settled all her claims regarding movable and immovable properties, dowry articles, stridhan, permanent alimony and maintenance, etc. (past, present and future), without any consideration against Second Party, subject to the fulfilment of terms and conditions of this MOU.
4. That it has been agreed between all the parties, that an application/petition for Quashing of the cases listed at serial no. 1, 2, 5, 6, 7, 8, 9, and 10 shall be filed on the same date, together, by both the parties on or before 07th September, 2017 in the Hon'ble Delhi High Court and both parties shall appear and present before the Hon'ble Delhi High Court and cooperate in the said proceedings, subject to the fulfilment of terms and conditions of this MOU.
5. That it has been agreed between both the parties, that the application/petition for withdrawal of cases listed at serial no. 3, 4, and 5, shall be filed by respective parties, in the respective trial courts in the next 1 week of signing this MOU.
6. That it is agreed between the parties hereto that Ms. Neera Mahajan @ Neera Malik shall provide a No Objection Certificate along with an Affidavit in favour of first Party for the cases listed at serial no. 8, 9 and 10 to absolve them of any/all claims/charges made therein against them by her. In case, the quashing proceeding of the Serial Nos. 8, 9 and 10 is not admitted by the Hon'ble Delhi High Court for quashing then the Second Party shall sign the requisite documents in favour of the first Party for not continuing/pursuing the case against the First Party and necessary intimation/application will be filed by the Second Party before the respective Court and authorities for disposal.
7. That it is agreed between the parties hereto that they shall withdraw all other pending cases, if any, filed against each other in respect to the present case/cause, of action in terms of this MOU.
8. It has been agreed between the parties that they shall not file any claim/case against each other or family members of Ms. Kanchna Rana and Sh. Gaurav Malik, post signing of the MOU.
9. That the parties shall be bound by the terms and conditions of the present MOU as mentioned above.
10. After the expiry of the validity date of 7th September 2017 for filling of Quashing Petition before the Hon'ble Delhi High court, this MOU may be extended to a further date, with mutual consent of both the parties.
11. In case any of the parties does not abide by the terms and conditions of this MOU, then the present MOU shall stand cancelled and the other party shall be at liberty to take appropriate action as per law/liberty to reopen their case, in case any party has withdrawn their cases.
12. That both the parties shall bear their respective cost of litigation.
13. By signing this MOU, the parties hereto state that they have no claims or demands against each other for past, present and future. Also, all the disputes and differences in this regard have been amicably settled by the parties hereto and the present MOU has to be read in totality.
14. Both the parties undertake that they have signed the above settlement after going through and understanding the contents and they have settled the dispute been themselves of their own will and without any force, pressure or coercion from any quarter.
It is not in dispute that marriage between Smt. Kanchan Rana and Sh.
Gaurav Malik no more subsists. Settlement has been acted upon and except the FIRs, involved in the present petitions and another FIR No. 90/2014 under Sections 498A/406/417/34 IPC registered at police station Dwarka (South), all other cases stand withdrawn and/or disposed of.
Learned counsel for the respondent no.2 has opposed the quashing of FIRs on the ground that petitioners have failed to comply with the terms of the MOU in letter and spirit. Her grievance is that petitioners filed an application for cancellation of bail before the trial court in the case arising out of FIR No. 90/2014 under Sections 498A/406/417/34 IPC, inasmuch as no steps were taken to get the said FIR quashed.
Learned counsel for petitioners submits that application for cancellation of bail was filed in the month of June, 2017, that is, much prior to the date of settlement. Thus, there was no violation of terms and conditions of the settlement. Further, that petition for quashing of FIR No.90/2014 was not filed as no steps were taken by the respondent no.2 for quashing of the FIRs involved in the present petitions. Learned counsel on instructions of the petitioner no.4 who is Attorney of petitioner no.1-Smt. Kanchan Rana, submits that petitioner no.1 will have no objection in quashing of FIR No. 90/2014 under Sections 498A/406/417/34 IPC registered at police station Dwarka (South) if present FIRs are quashed.
Statement of petitioner no.4 has been recorded, on oath, separately.
In view of the settlement arrived at between the parties vide MOU dated 19.08.2017 voluntarily, most of the terms whereof have been complied with, in my view, no fruitful purpose would be served in keeping the aforementioned criminal proceedings pending. It is noted that application for cancellation of bail was filed prior to the settlement. Though the application was taken up and dismissed subsequently. Non filing of quashing petition by petitioner no.1 appears to be on account of non filing of petition for quashing of present FIRs. Marriage between the petitioner no.1 and Gaurav does not subsist. Out of the 10 litigations seven stand disposed of in view of the settlement. Accordingly, in the interest of justice, aforementioned three FIRs, that is, FIR Nos.79/2015, 649/2015 and 90/2014 and the consequent proceedings emanating therefrom are quashed.
Both the above noted petitions are disposed of in the above terms.
Miscellaneous applications are disposed of as infructuous.
Dasti.
A.K. PATHAK, J.
FEBRUARY 25, 2019 ga