Vikas Gupta vs State of Haryana

J. L. Gupta, J.

On January 26, 1992, Mr. Vikas Gupta was married to Smt. Bharti Gupta. It appears that their marriage did not last long and they started living separately soon thereafter. The matrimonial acrimony reached a climax. Mr. Vikas Gupta initiated proceedings for the annulment of marriage by a decree of divorce before the Additional District Judge at Ambala. Smt. Bharti Gupta lodged an FIR with the Police Station, Panchkula. Her husband as well as parentsinlaw, apprehending their arrest and harassment, approached this Court for the grant of anticipatory bail.

Since the entire dispute had arisen on account of differences between husband and wife, it was considered appropriate to send for the parties. They had actually appeared in Court on February 2, 1994. Both the parties were questioned. It was clear that they were not in a position to stay together. Seeing the entire situation, counsel for the parties had considered the possibility of ending their trauma by arriving at mutually acceptable compromise so that the litigative process could be cutshort. They have succeeded and arrived at a compromise. The deed of compromise has been produced along with an application. The parties have also appeared personally. Their statements have been recorded.

On a perusal of the statements of the parties, it is clear that their marriage has irretrievably broken. There is no possibility of the two staying together. I am also satisfied that this compromise dead is not born out of collusion or fraud. The parties have entered into this compromise voluntarily without any coercion or extraneous pressure. No useful purpose would be served by delaying their separation or annulment of marriage. It would only result in avoidable litigation, harassment, expense and tension. In this situation, it appears to be appropriate to annul the marriage between the parties by passing a decree of divorce. I accordingly do so. As such, the petition under Section 13B jointly filed by Mr. Vikas Gupta and Smt. Bharti Gupta is allowed. Their marriage is annulled by a decree of divorce.

It may be mentioned that two demand drafts drawn on the State Bank of India for a total amount of Rs. 1,85,000/ have been handed over by Mr. Vikas Gupta to Smt. Bharti Gupta in Court today. This amount has been paid by Mr. Vikas Gupta in full and final settlement of all claims that may or could have been made by Smt. Bharti Gupta. She has accepted this amount in full and final settlement of her claims. It is consequently directed that she will not be entitled to make any claim against Mr. Vikas Gupta in future. It may be added that in view of the marriage between the parties having been dissolved by a decree of divorce, the proceedings pending in the District Court at Ambala shall be deemed to have been dropped.

Crl. Misc. No. 2517M of 1994 has been filed with a prayer that FIR No. 184 dated Nov. 8, 1993 lodged by Smt. Bharti Gupta at Police Station, Panchkula be quashed.

Mr. Jaswant Singh, learned counsel for the State of Haryana, submits that in view of the dispute between the parties having been settled by a mutual compromise, the Police will take no further action in pursuance to this FIR and that the proceedings should be deemed to have been dropped.

Lest there should be any misunderstanding, the dispute between the parties having been settled by a mutual compromise and there being no likelihood of any of the allegations being proved at the stage of trial, the FIR is quashed.

Accordingly Crl. Misc. Petition No. 2517M of 1994 is allowed. The divorce petition produced by the parties along with Crl. Misc. No. 2506 of 1994 is also accepted and decreed. The FIR having been quashed, the petitions for grant of anticipatory bail have become infructuous and are accordingly disposed of.