Vikas Bhandari vs State of Uttarakhand and another

Hon''ble Servesh Kumar Gupta, J.—Mr. Sandeep Tandon and Mr. Ravinder Bisht, Advocates are present for the applicant while Mr. P.S. Bohra, Brief Holder is present for the State/opposite party No. 1. None turns up on behalf of Smt. Ranjeeta- opposite party No. 2.

It has been brought to the notice of this Court that this is a matrimonial dispute wherein the marriage between the applicant Vikas Bhandari and opposite party No. 2-Smt. Ranjeeta was solemnized on 8.7.2003 at Delhi as per Hindu rituals and within three years of marriage, matrimonial differences cropped up between the two. No issue could be born out of the said wedlock. Both the parties have filed the matrimonial litigations in the court of Additional Sessions Judge (West), Tis Hazari Court, Delhi, which went up to the level of the High Court. On dated 5.10.2010, both the parties were personally present before the High Court of Delhi and agreed to withdraw the cases filed against each other. Before the Delhi High Court, opposite party No. 2-Smt. Ranjeeta agreed to give full cooperation in getting the FIR quashed, which was lodged by her against her husband (Vikas Bhandari) under Sections 498-A and 406 IPC. Consequent to that FIR, the instant chargesheet has been filed which is in question before this Court. Now, under the mutual settlement deed, drafted between the parties on 20.10.2010, matrimonial relations between the two have annulled u/s 13-B of the Hindu Marriage Act.

In the settlement deed, vide paragraph 4(e) it was settled that "the first party/husband shall file petition in the High Court of Uttarakhand at Nainital for quashing the FIR No. 284 of 2006 dated 9.10.2006 under Sections 498-A, 323 and 506 IPC, P.S. Cantt. (Garhi) at Dehradun, Uttarakhand by way of joint petition u/s 482 Cr.P.C." It was also settled that the wife Smt. Ranjeeta will not pursue any litigation against her husband and will give full cooperation in getting the FIR quashed, which was filed by her against her husband under Sections 498-A, 323 and 506 IPC. The judgment of Divorce is annexed as Annexure RA4 to the rejoinder affidavit.

So, in view of the above circumstances, the petition deserves to be allowed. It is, accordingly, allowed. Impugned order dated 23.1.2007 as well as the proceedings of criminal case No. 225 of 2007, State v. Vikas Bhandari U/s 498-A, 323 and 506 IPC r/w Section 3/4 of Dowry Prohibition Act and also the chargesheet submitted by P.S. Cantt, Dehradun in case crime No. 220 of 2006, numbering the criminal case No. 225/2007, are hereby quashed.