Pankaj @ Bablu and Others vs State and Another

Gita Mittal, J.—By this petition the petitioners have prayed for quashing of FIR No. 842/2006 registered u/s 498A/406/34 of the Indian Penal Code by the police station Najafgarh. It appears that a marriage was solemnised on 5th March, 2003 between the petitioner No. 1 and petitioner No. 2. On account of temperamental differences, the parties could not live together and separated from January, 2005. The respondent No. 2 lodged a complaint against her husband petitioner No. 1 and his parents, petitioner Nos. 2 and 3 as well as against Shri Anoop Singh, petitioner No. 4 who was the brother-in-law of the petitioner No. 1. This complaint was registered as FIR No. 842/2006 by the police station Najafgarh. The petitioner Nos. 1 and 4 as well as respondent No. 2 are present before this Court and have submitted that they have arrived at a full and final settlement before the court of the learned Additional Sessions Judge on 29th September, 2006 when the petitioner No. 1 had agreed to pay an amount of Rs. 1.50 lakhs to the respondent No. 2 in three instalments. The petitioner No. 1 has submitted that this amount in three instalments was paid on 11th December, 2006, 11th February, 2007 and 11th April, 2007 whereas the first instalment of Rs. 35000/- was also paid to the respondent No. 2. The respondent No. 2 has confirmed receipt of this amount and has submitted that she has no other or further claims on account of maintenance, permanent alimony or stridhan.

It is stated that the four instalment of Rs. 35000/- stands deposited in the court of Ms. Ravinder Kaur, Additional Sessions Judge in the anticipatory bail proceedings which were filed by the petitioner.

Pursuant to the settlement, the parties had also filed a petition u/s 13B of the Hindu Marriage Act, 1955 seeking dissolution of their marriage by a decree of divorce by mutual consent. The marriage between the petitioner No. 1 and respondent No. 2 stands dissolved on a decree passed by the court on 1st February, 2007. Copy of the judgment and decree sheet has been placed before this court.

In these circumstances, by the present petition the petitioners have sought quashing of the FIR No. 842/2006 and all proceedings arising therefrom.

I have heard the parties as well as learned Counsel appearing in the matter. The relationship between the petitioner on the one hand and the respondent No. 2 stand snapped upon the passing of the decree for dissolution of the marriage of the petitioner No. 1 and respondent No. 2.

The parties arrived at a settlement which has also been implemented and amounts stand paid to the respondent No. 2. Having regard to the nature of disputes between the parties, no fruitful purpose would be served in keeping the prosecution pending. Even otherwise it would be in the interest of the community as well as the parties if they are permitted to end the relationship and to their individual ways and to get on with their lives. I am satisfied that the settlement arrived at between them is bonafide, voluntary and there is no illegal impediment to the same being taken on recorder

In this view of the matter, this petition deserves to be allowed.

Accordingly, it is directed that the FIR No. 842/2006 u/s 498A/406/34 registered by the police station Najafgarh and all proceedings arising therefrom shall stand hereby quashed.

The petitioners have handed over cheque No. 001723 dated 24th April, 2008 drawn on Syndicate Bank in favour of Ms. Neelam, respondent No. 2 in the sum of Rs. 35,000/- being the fourth instalment and the balance amount payable in terms of the settlement. It is undertaken that the cheque shall be honored on presentation.

In view of the cheque handed over today, it is directed that the cheque for Rs. 35,000/- which stands deposited before the court of the learned Additional Sessions Judge shall be treated as cancelled and the respondent No. 2 shall not be entitled to have any claim over the same.

This petition is disposed of in the above terms.

Dasti to the parties.