Ashish Goel vs Smt. Garima Agarwal and Another

Servesh Kumar Gupta, J.

By way of this Criminal Miscellaneous Application, the applicant Ashish Goel has prayed for quashing the order dated 26.8.2009, passed in Miscellaneous Application No. 42/2009 u/s 125(3) Code of Criminal Procedure, Smt. Garima Agarwal v. Ashish Goel, pending in the court of Family Court, Haridwar. By the said order dated 26.8.2009, warrant has been issued against the applicant, deeming service of notice upon him to be sufficient. 2. Having heard learned Counsel for the parties and on perusal of the papers available on record, it appears that Ashish Goel (husband) and Smt. Garima Agarwal (wife) along with her minor daughter Km. Gulika Agarwal entered into sundry litigations, few of them are still pending in different courts. In Case No. 87/2004, an interim maintenance @ Rs. 25,000/- was awarded to Smt. Garima Agarwal and Km. Gulika Agarwal together. Against the said order of interim maintenance, a revision was preferred before this Court by Ashish Goel, and this Court reduced the amount of interim maintenance from Rs. 25,000/- per month to Rs. 17,000/- per month. The aforesaid Case No. 87/2004 was finally decided vide judgment and order dated 3.11.2007, whereby Ashish Goel was directed to pay the maintenance to Km. Gulika @ Rs. 15,000/- per month, whereas the claim of maintenance of Smt. Garima Agarwal was not sustained and the same was rejected.

It would be pertinent to mention here that in between the aforesaid period, Smt. Garima Agarwal filed a Case No. 203/2006, seeking relief u/s 27 of the Hindu Marriage Act, which was dismissed by the Family Judge, Haridwar vide judgment and order dated 13.8.2007. Being aggrieved, Smt. Garima Agarwal preferred First Appeal No. 67/2007 against the said judgment and order. When that First Appeal came up for hearing before this Court on 7.11.2008, the parties had shown their willingness for compromise. Accordingly, this Court directed the parties to appear before the Registrar (Judicial) of this Court for settlement of the terms and conditions of the compromise. Parties, accordingly, arrived at a compromise and a settlement deed was drafted on that day itself i.e. on 7.11.2008.

According to the terms and conditions of the aforesaid settlement deed dated 7.11.2008, Ashish Goel, agreed to pay a sum of Rs. 7,50,000/- to Smt. Garima Agarwal (wife) by a bank draft within six months from the date of the compromise in lieu of one time settlement of her claim of stridhan, alimony and all claims of her own maintenance. Thus, the said amount was payable to Smt. Garima Agarwal by 6th May, 2009. As per the another condition of this settlement deed, Ashish Goel agreed to prepare a Fixed Deposit Receipt of equal amount i.e. Rs. 7,50,000/-, in the name of his minor daughter, Km. Gulika Agarwal, mentioning therein the name Smt. Garima Agarwal as guardian, which shall be payable to Km. Gulika Agarwal on her attaining the age of majority, and it was agreed between the parties that Km. Gulika will not be entitled to any maintenance from the date of this agreement. This Fixed Deposit Receipt was to be handed over to Smt. Garima Agarwal within a period of ninety days from the date of settlement deed i.e. by 6th February, 2009. It was also agreed between the parties that all litigations filed by them and pending in any court of law shall be withdrawn, and this Court directed that the dissolution of marriage of parties will take place as soon as the payment, as mentioned above, is made by Ashish Goel.

In compliance of the aforesaid settlement deed, Ashish Goel albeit got prepared an F.D.R. of Rs. 7,50,000/- in the name of Km. Gulika Agarwal within the stipulated period, but handed over it to Smt. Garima Agarwal after some time i.e. after the stipulated period of ninety days. However, Ashish Goel did not comply with another term of agreement of payment of Rs. 7,50,000/- to Smt. Garima Agarwal by way of an F.D.R., which was to be handed over to her by 6th May, 2009, and instead of complying with the same, Ashish Goel waited for the extinguishment of the various litigations pending between them. Smt. Garima Agarwal did not withdraw the said litigations in the apprehension that once she will do so, Ashish Goel will not adhere to the terms of the agreement and, therefore, she kept alive the case filed by her under the Domestic Violence Act, which is probably still pending. However, Ashish Goel paid the amount of Rs. 7,50,000/- to Smt. Garima Agarwal by way of an F.D.R. in February, 2010 i.e. after filing of the impugned case. Thus, the said amount was paid to Smt. Garima Agarwal after the delay of almost nine months.

It is significant to note that in terms of the agreement, it was agreed that Km. Gulika shall not be entitled to any maintenance with effect from the date of said settlement deed i.e. from 7.11.2008. In other words, Km. Gulika is entitled to get the maintenance @ Rs. 15,000/- per month until 6.11.2008, which was awarded to her by the court in Case No. 87/2004, but Ashish Goel did not pay the full amount as per the said order. So, a Miscellaneous Application No. 42/2009 was filed by Km. Gulika, through her mother/natural guardian Smt. Garima Agarwal, before the court of Family Judge, Haridwar, whereupon notice was issued to Ashish Goel.

It transpires that just after receiving the notice in the aforesaid Miscellaneous Application No. 42/2009, Ashish Goel filed the instant petition u/s 482 Code of Criminal Procedure before this Court, and got stayed the further proceedings of impugned case.

This Court has considered the entire facts and circumstances of the case. The fact remains that the parties had entered into compromise before this Court on 7.11.2008, which was accepted by this Court, vide its order of date. Therefore, this Court is of the considered opinion that Km. Gulika Agarwal is entitled for the maintenance @ Rs. 15,000/- per month from Ashish Goel as per the spirit of the judgment dated 3.11.2007, passed by the court below in Case No. 87/2004 until 6th November, 2008. Km. Gulika Agarwal is also entitled to get an appropriate rate of interest on the arrears of the maintenance for the said period. Ashish Goel cannot shirk himself from this liability. Besides, as stated above, the payment of Rs. 7,50,000/- was made to Smt. Garima Agarwal with the delay of almost nine months. Therefore, she will be also entitled for the interest @ 8 per cent per annum on the amount of Rs. 7,50,000/- for the said period of delay.

For the reasons recorded above, this petition has No. force and is liable to be dismissed. The same is dismissed accordingly. Stay order dated 30.12.2009, passed by this Court, stands vacated. The court below is directed to decide the matter in the light of the observations made above. It is also made clear that it will be mandatory for Smt. Garima Agarwal to get withdrawn the prosecution launched by her under the Domestic Violence Act and other matrimonial disputes, if any, once the full payment is made to her by Ashish Goel after the decision of Miscellaneous Application No. 42/2009.

Registry is directed to inform the court concerned accordingly.