RAJESH VERMA & ANR Vs. STATE & ANR

JUDGEMENT

(1.) Crl. M.C. No.3648/2014 & Crl. M.A. No.12566/2014 (for stay) This petition under Section 482 of the Code of Criminal Procedure, 1973, has been moved by the petitioners seeking quashing of FIR No.82/2013 under Section 498A/406/34 IPC registered at Police Station Sarita Vihar, Delhi, and all the proceedings emanating therefrom, on the ground that the matter has been settled between the parties. Issue notice.

(2.) Counsel for the State as well as counsel for second respondent Anu Verma, who is complainant, accept notice. It is the case of the parties that the aforesaid FIR came to be registered by the complainant Anu Verma against her husband Rajesh Verma, who is arrayed as petitioner no.1; as well as Smt. Rashmi Verma, who is arrayed as petitioner no.2 and is complainant's sister-in-law; and her late father-in-law Dharampal Verma, who is stated to have died on 16.05.2013; with regard to certain marital disputes.

(3.) The matter is stated to be under investigation and chargesheet is yet to be filed. At the same time, the first petitioner, Rajesh Verma has also instituted a petition before the Family Court under Section 13 (B) (1) of the Hindu Marriage Act, 1955 against the complainant/respondent no.2 seeking dissolution of marriage being HMA no.1080/2013. In that matter, orders on the First Motion petition have been passed on 22.10.2013. At the same time while considering an anticipatory bail application moved by the petitioners in connection with the aforesaid FIR, the matter was referred by the court below to the Mediation Centre, Saket Court, New Delhi. Consequently, with the assistance of the Mediator, a negotiated settlement was arrived at between the parties, the terms and conditions whereof are set down in the copy of the proceedings of 27.08.2013 that has been annexed at page 45 of the petition. Counsel for the petitioners as well as the complainant submit that all the terms mentioned in that Settlement have been carried out and now, out of an agreed amount of Rs. 7.5 lakhs, an amount of Rs. 5 lakhs, remains to be paid by the petitioners to the second respondent/complainant; and as agreed, a sum of Rs.2.5 lakhs has been handed over by the petitioner to the complainant in Court today; thus leaving a balance amount of Rs. 2.5 lakhs to be paid to the complainant on the date of passing of the orders by the Family court on the Second Motion petition for divorce moved jointly by the parties on 20.08.2014.