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Kaushal Kumar & Ors vs State (Nct of Delhi) & Anr

Supreme Court Of India · Decided on 18 December 2019 · Citation: (2019) 12 SC CK 0254

HON’BLE JUDGES
S. Abdul Nazeer, J · Sanjiv Khanna, J
ACTS & SECTIONS REFERRED
Hindu Marriage Act, 1956 — Section 13(B)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1970 Of 2019
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Judgment

8 paragraphs · 509 words
1.

Leave granted.

2.

The appellants have filed this appeal challenging the legality and correctness of the order/judgment dated 17.07.2017 passed by the High Court of Delhi in Writ Petition (Crl.) No. 1258 of 2017, whereby the Writ Petition was dismissed by the High Court.

3.

Brief facts of the case are that on 06.06.2014, the marriage between the appellant No. 1 and respondent no. 2 was solemnized at Adarsh Nagri, PS Katras, Post Malkera, District Dhanbad, Jharkhand according to the Hindu rites and customs. Within a period of about 3 months of the marriage, difference arose between the parties and they started living separately thereafter. The respondent/wife lodged a complaint dated 05.09.2014 against the appellants at P.S. Mangolpuri, Delhi. On the basis of the aforesaid complaint, an FIR bearing No. 1841 of 2014 was registered on 06.10.2014. On 28.02.2015, the mediation process took place between the parties and thereafter, the matter was amicably settled between the parties before the Principal Judge, (NW District) Family Court, Rohini, Delhi for a total sum of Rs. 4,75,000/­ (Rupees Four Lakh Seventy Five Thousand) as full and final settlement towards all the claims of the respondent No.2 including alimony, maintenance (present, past and future) and in furtherance of the same the proceedings pending between the parties were withdrawn. On the basis of the aforesaid settlement, the appellant No. 1 and respondent No. 2 filed a petition under Section 13 (B) of the Hindu Marriage Act, 1956 for mutual divorce and obtained the decree of divorce. In view of the above, no charge sheet was filed by the I.O. before the Court. In view of the settlement of the dispute, the appellant filed a quashing petition of the FIR No. 1841 of 2014 before the High Court. However, the High Court has declined to quash the F.I.R.

4.

On 26.07.2019, upon hearing the learned counsel for the parties, this Court passed the following order:

"It is not in dispute that out of the settlement amount of Rs. 4,75,000/­ (Rupees Four Lakh Seventy Five Thousand), Rs. 4,00,000/­ (Rupees Four Lakh) have already been paid to respondent no. 2.

Learned Counsel for the petitioner submits that the balance of Rs. 75,000/­ (Rupees Seventy Five Thousand) will be deposited within a period of eight weeks."

5.

Learned counsel for the respondent submits that the parties have amicably settled the matter and have obtained divorce by mutual consent. The learned counsel has no objection for quashing of the F.I.R.

6.

It is evident from the materials on record that the parties have amicably settled the entire dispute. Appellant No. 1 has already paid a sum of Rs. 4,00,000/­ (Rupees Four Lakh) as agreed to the respondent No. 2. In the circumstances, no purpose will be served by proceeding with the F.I.R. Hence, the F.I.R. No. 1841 of 2014 registered at P.S. Mangolpuri, Delhi, is hereby quashed. He is directed to deposit the balance of Rs. 75,000/­ (Rupees Seventy Five Thousand) within 4 weeks from today, if it has not been already deposited. The appeal is allowed accordingly.