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2016 Supreme(Del) 1005
IN THE HIGH COURT OF DELHI AT NEW DELHI
SIDDHARTH MRIDUL, J.
VIKAS DHINGRA & ANR. - Petitioners
Vs.
THE STATE (GOVT OF NCT OF DELHI) & ANR. - Respondents
W.P.(CRL) 612/2016
Decided On : 24-02-2016
For the Appellant :Mr. Sanjeet Kumar, Advocate.
For the Respondent:Ms Neha Dhir, Advocate for Ms Nandita Rao, Addl. Standing Counsel (Crl.).
Ms Kalpana Jain, Advocate for R-2.
SI Manish Kumar CAW/East Delhi.
Amicable settlement of matrimonial disputes and obtaining a decree of divorce by mutual consent can lead to the quashing of FIR and its proceedings.
Headnote:
Article 226 - Quashing of FIR - Sections 406/498A IPC - Settlement between parties - Decree of divorce by mutual consent - Amicable settlement - Quashing of FIR No.370/2013 under Sections 406/498A IPC
Fact of the Case:
The husband and wife, after facing temperamental and ideological differences, settled their matrimonial dispute amicably through a Memorandum of Understanding. The wife agreed not to claim maintenance after divorce and the parties obtained a decree of divorce by mutual consent. The wife expressed her disinterest in proceeding with the FIR and its proceedings.
Finding of the Court:
The court found that the matrimonial dispute was settled amicably without coercion, and since the parties obtained a decree of divorce by mutual consent, proceeding with the FIR and its proceedings would serve no useful purpose.
Issues: Settlement of matrimonial dispute, quashing of FIR under Sections 406/498A IPC, amicable resolution, decree of divorce by mutual consent
Ratio Decidendi: The court decided to quash the FIR and its proceedings as the matrimonial dispute was settled amicably and the parties obtained a decree of divorce by mutual consent.
Final Decision: The FIR No.370/2013 under Sections 406/498A IPC and its proceedings are set aside and quashed, subject to the petitioners depositing a sum of Rs.20,000 in the name of the minor child within two weeks.
SIDDHARTH MRIDUL, J.
1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.370/2013 under Sections 406/498A IPC registered at Police Station- Gandhi Nagar, Delhi, and the proceedings arising therefrom.
2. The facts in brief are that the petitioner no. 1 (husband) and respondent No.2/complainant (wife) were married to each other according to Hindu rites and customs on 06.10.2011. One female child, namely, Baby Dimpy was born out of the said wedlock on 17.08.2012, who is in the care and custody of respondent No.2 (wife). Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 05.10.2013. On a complaint instituted by respondent no.2 (wife), the subject FIR was registered against the petitioner no. 1 (husband) and his family member.
3. Counsel for the parties state that with the intervention of the relatives and friends the outstanding matrimonial dispute between the parties to the union has been settled amicably by way of a Memorandum of Understanding dated 30.01.2014. The salient terms and conditions of the afore-stated settlement are as follows:-
“1. That the second party has settled all her claim regarding past, present and future maintenance.
2. That it has been further agreed between the parties that after the divorce the second party shall not claim any maintenance for her and the female child namely Baby DIMPY. And both the parties will not file any case, complaint etc. against each other or their family members in future with respect to this marriage.
3. That the second party has settled all her claim rgarding past, present and future maintenance in a total sum of Rs.4,70,000/- (RUPEES FOUR LAC SEVENTY THOUSAND) and first party has agreed to pay the same to the second party.
4. That it is necessary to mention that the first party will pay Rs.1,00,000/- to the second party at the time of recording of statement of 1st motion before the Hon’ble court. It is further agreed between the parties that the first party will pay Rs.1,00,000/- to the second party at the time of recording of the statement of 2nd motion before the Hon’ble court.
5. That it has also been agreed between all parties that one F.D. of Rs.2,00,000/- in the name of Baby DIMPY and same will be cashed by Baby DIMPY at the time of attaining the age of majority i.e. 18 yrs and Rs.70,000/- will be given to the second party at the time of quashing of the Fir no.370/13 in Hon.ble High Court of Delhi.
6. That one petition u/s. 125 Cr.P.C is filed by the second party and the same is pending before the HON’BLE COURT OF MS. VANDANA JAIN, M.M., KKD COURT, and same is fixed for 31/03/2014. It is agreed between the parties that the second party will withdraw the same petition and cooperate in filing the mutual divorce within 10 days from today i.e. 30.01.2014.
7. That it has been further agreed between the parties that after the divorce the second party shall not claim any maintenance for her and minor child Baby DIMPY. And both the parties will not file any case, complaint etc. against each other or their family members in future with respect to this marriage.
8. That it has been further agreed between the parties that they shall have no concern with each other in future and they shall be at their liberty to restart their lives as they like.
9. That this MEMMORANDUM OF UNDERSTANDING has been executed voluntarily, without any kind of pressure, force in any manner and they have put their signature after fully understanding the contents mentioned herein.”
4. In a nutshell, it has been agreed by and between the parties to the union that respondent no. 2 (wife) shall be paid a sum of Rs.4,70,000/- towards all her claims vis-a-vis. permanent alimony, stridhan, dowry articles, maintenance past, present and future etc. against the petitioners.
5. Counsel for the parties further state that pursuant to the sa
