RAHUL DEORA AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) The present petition under Sec. 482, Cr.P.C. has been filed by the petitioners, namely, Rahul Deora and Archana Deora for quashing of FIR No. 121/2012 dated 26.4.2012, under Ss. 498A/406/34, IPC registered at Police Station Kalkaji on the basis of the compromise deed arrived at between Vikas Deora (husband of respondent No. 2) and respondent No. 2, namely, Smt. Ritu Agarwal on 19.11.2013. Learned Additional Public Prosecutor for respondent -State submitted that the respondent No. 2, present in the Court has been identified to be the complainant/first -informant of the FIR in question by her Counsel.

(2.) The factual matrix of the present case is that the marriage between Vikas Deora and the respondent No. 2 was solemnized on 24.2.2008 as per Hindu rites and ceremonies. From the very inception of the marriage, the husband of the complainant and other in -laws were not happy with the dowry articles and gave cruel treatment to the complainant. The mother -in -law i.e. petitioner No. 2 of the complainant hatched a criminal conspiracy with others and retained all the gold ornaments and Istridhan of the complainant. The petitioner No. 1 started manhandling the complainant before her husband. On 10.5.2008, petitioners and the husband of the complainant along with the complainant came to the parental home of the complainant and repeated their unlawful demands of more cash and one big luxury car and left the complainant there. The respondent No. 2/complainant filed a complaint before the CAW Cell, Nanakpura against the petitioners which resulted into the registration of the FIR in question. The police filed the challan under Sec. 173, Cr.P.C. and the proceedings started. The complainant/respondent No. 2 and her husband opted to take divorce by mutual consent and amicably settled all their disputes.

(3.) Respondent No. 2, present in the Court, submitted that the dispute between the parties has been amicable resolved. As per the compromise deed, respondent No. 2 has settled all her claims of every nature in respect to the marriage and the dowry articles, Istridhan, past, present and future maintenance and compensation in sum of Rs. 11,50,000/ - from Vikas Deora. It is also agreed that both parties shall move a first motion petition before the competent Court for dissolution of their marriage preferably by 19.11.2013. Vikas Deora shall hand over the demand draft of Rs. 2 lacs in the name of respondent No. 2 at the time of recording of statement in the petition. It is also agreed that Vikas Deora shall also make a lien marking/bank guarantee for Rs. 2.5 lacs in the name of respondent No. 2 which shall be handed over to respondent No. 2 at the time of quashing of the FIR in question. It is also agreed that respondent No. 2 shall withdraw her complaint under Sec. 12 of D.V. Act filed against Vikas Deora and his family members and at the time of withdrawal of the said complaint, Vikas Deora shall pay Rs. 3,00,000/ - through demand draft in the name of respondent No. 2. It is agreed that if Vikas Deora does not cooperate with respondent No. 2 in recording of statement for second motion petition, respondent No. 2 shall be entitled to encash the said Lien marking/Bank Guarantee and the amount given by Vikas Deora till that date would be forfeited. It is also agreed that if respondent No. 2 does not come forward for the recording of statement for second motion, then Vikas Deora shall be at liberty to cancel the Lien marking/Bank Guarantee and that respondent No. 2 shall have to return, to him, all amount received till that date. It is also agreed that Vikas Deora shall file a petition before this Court for the quashing of the FIR in question. It is also agreed that Vikas Deora shall give a demand draft of Rs. 4 lacs to the respondent No. 2 and that after the receipt of the same, respondent No. 2 shall have to cooperate for the quashing of the FIR in question. It is also agreed that in case of any default from Vikas Deora in fulfilling the aforesaid terms and condition to this deed, respondent No. 2 shall have the liberty to restore the complaint under Sec. 12 of the D.V. Act against him and his family members and other proceedings as per the provisions of law and the amount received by the respondent No. 2 shall be forfeited and that Vikas Deora shall not claim the said amount from respondent No. 2 in future. It is also agreed that in case of default from the respondent No. 2 in fulfilling the terms of the compromise deed, Vikas Deora shall be at liberty to recover the said amount from respondent No. 2 and that divorce may be granted to him. It is also agreed that after receiving the said amount the parties shall not file any case or complaint against each other or their families with respect to past disputes between both parties and that they shall withdraw all cases civil/criminal against each other and their respective family members. It is also agreed that the date of marriage is agreed to be 24.2.2008 and that there shall be no dispute with regard to this date whatsoever in the future by either party. It is further agreed that the parties shall not use each other's names in any Government and private/public record in future. Respondent No. 2 affirmed the contents of the aforesaid settlement. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No. 2 has been recorded in this regard in which she stated that she has entered into a compromise with the petitioners and has settled all the disputes with them. She further stated that she has no objection if the FIR in question is quashed.