Laxit Bhouriwal v. Ms. Shashi

$~110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1687/2024 LAXIT BHOURIWAL .....Petitioner Through:

Mr. Sunil Satyarthi and Ms.

Archisha S., Advs.

versus MS. SHASHI .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 25.10.2024 CM APPL. 63101/2024 (Ex.) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1687/2024 & CM APPL. 63100/2024 3.

The petitioner/husband is seeking initiation of contempt proceedings against the respondent/ex-wife for allegedly reneging from her undertaking recorded by way of the Settlement Deed dated 16.01.2024 before the Counselling Cell.

4.

No one is present for the respondent/ex-wife despite sending advance notice.

5.

It appears that a settlement was arrived at in the proceedings instituted by the respondent/ex-wife on a complaint filed under the provisions of Protection of Women from Domestic Violence Act, 2005 ["DV Act"]. Suffice to state that out of the total amount of the permanent alimony, which was agreed to be Rs. 15,99,000/-, the respondent/ex-wife has already received Rs.9,00,000/-. 6.

The grievance of the petitioner-husband is that despite making requests and legal notice dated 25.07.2024, the respondent/ex-wife is not coming forwards for moving a joint petition for quashing of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:01:29

criminal proceedings arising out of the FIR1 No. 314/2022 dated 03.06.2022, at Police Station Sarai Rohilla under Section 498A/406/34 of the Indian Penal Code, 1860. 7.

Learned counsel for the petitioner has pointed out that the respondent/ex-wife in her reply to the legal notice, sent by the petitioner/husband, has intimated that the she shall not give her consent for initiating the proceedings for quashing of FIR No. 314/2022, until the petitioner returns certain items, namely a gold ring given to the respondent's father, five silver coins, certain clothes, and a sum of Rs. 5,99,000/-.

8.

First things first, since the marriage between the parties has been dissolved, there is no legal requirement that the respondent/exwife should join in the proceedings under Section 482 of the Code of Criminal Procedure, 1973, for quashing of the aforesaid FIR. It goes without saying that as and when any petition is filed for quashing, appropriate notice would be issued to the respondent/ex-wife; and the Court concerned would look into the conduct of the respondent/exwife and may pass appropriate directions. 9.

Hence, this Court finds that there are no legal grounds to proceed for contempt against the respondent/ex-wife. 10.

The present contempt petition is dismissed without prejudice. DHARMESH SHARMA, J.

OCTOBER 25, 2024 sp 1 First Information Report The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:01:29