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2016 Supreme(Del) 4592
IN THE HIGH COURT OF DELHI
SIDDHARTH MRIDUL, J.
Mukesh and Others - Appellant
Versus
The State and Others - Respondent
W.P. (Crl.) No. 40 of 2016 and Crl. M.A. No. 235 of 2016
Decided On : 14-01-2016
For the Appellants :Puneet Khurana, Advocate
For the Respondents: Sanjay Lao, ASC and Manish Kumar, SI.
The court upheld the legality and validity of the settlement agreement in resolving the matrimonial dispute, leading to the quashing of the FIR and proceedings.
Headnote:
Settlement Agreement - Matrimonial Dispute - Code of Criminal Procedure, 1973, Section 482 - Hindu Marriage Act, Section 13(B)(1) - Hindu Marriage Act, Section 13(B)(2) - FIR No. 182/2013 under Sections 406/498A/34 IPC
Fact of the Case:
The husband and wife, after facing temperamental and ideological differences, settled their matrimonial dispute through a Settlement Agreement. The husband agreed to pay a sum of Rs. 3 lakhs to the wife and obtained a decree of divorce by mutual consent.
Finding of the Court:
The court found that the settlement between the parties was lawful and amicable, resulting in the decree of divorce by mutual consent. As a result, the court set aside and quashed the FIR and proceedings arising from it.
Issues: Matrimonial dispute settlement, legality of the settlement, quashing of FIR and proceedings
Ratio Decidendi: The court's decision was influenced by the lawful and amicable settlement between the parties, resulting in the decree of divorce by mutual consent, which rendered the FIR and proceedings unnecessary.
Final Decision: The court allowed the writ petition, set aside and quashed the FIR No. 182/2013 under Sections 406/498A/34 IPC, and directed each petitioner to deposit a sum of Rs. 2,500 with the Victims' Compensation Fund.
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. 182/2013 under Sections 406/498A/34 IPC registered at Police Station-Shalimar Bagh, Delhi and the proceedings arising there from. 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 25th April, 2012. Owing to temperamental and ideological differences between the parties to the marriage, they started living separately since 28th September, 2012. No child has been born out of the said wedlock. On a complaint instituted by respondent No. 2 (wife), the subject FIR was registered against the petitioner No. 1 (husband) and his family members.
2. Counsel for the parties state that the outstanding matrimonial dispute between the parties to the union has been settled amicably before the Delhi Mediation Centre, Rohini District Courts, Delhi by way of a Settlement Agreement dated 19th October, 2013. The salient terms and conditions of the afore-stated settlement are as follows:--
"(1) It is mutually settled between the parties that complainant and applicant shall get dissolved their marriage by decree of divorce by mutual consent without leveling allegations and counter allegations against each other in accordance with law before the Court of competent jurisdiction at Delhi.
(2) It is settled that the applicant/husband shall pay Rs. 3,00,000/- (Rupees Three Lac only) to the complainant/wife as her full and final satisfaction qua all her claims (past, present & future) arising out of the marriage with him which shall include permanent alimony, istridhan, dowry articles, maintenance and all other miscellaneous expenses.
(3) The applicant/husband shall return the articles, as mentioned in the admitted list Annexure-A, which has been signed by both the parties at the time of hearing the bail application i.e. on 26.10.2013, before the Ld. Referral Court.
(4) The settled amount will be paid in cash/DD by the accused/husband to the complainant/wife as under:--
(i) First installment of Rs. 1,00,000/- (Rupees one lac only) shall be paid at the time of recording statements in First Motion Petition U/s 13(B)(1) of Hindu Marriage Act which will be filed by the parties jointly within one month from today.
(ii) Rs. 1,00,000/- (Rupees one lac only) shall be paid at the time of recording statements in Second Motion Petition U/s 13(B)(2) of Hindu Marriage Act 'Which will be filed by the parties jointly after completion of stipulated period of six months.
(iii) The remaining amount of Rs. 1,00,000/- (Rupees one lac only) shall be paid to the complainant/wife by the applicant/husband at the time of quashing of FIR No. 182/2013 PS: Shalimar Bagh, U/s 498A/406/34 IPC, State v. Mukesh & Ors. before the Hon'ble High Court of Delhi after passing of decree of divorce in second motion petition. The complainant/wife shall cooperate in quashing of the said FIR."
3. 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. 3 lakhs towards all her claims vis-a-vis permanent alimony, stridhan, dowry articles, maintenance past, present and future etc. against the petitioners.
4. Counsel for the parties further state that pursuant to the said settlement between the parties to the union, the sum of Rs. 2 lakhs has already been received by respondent No. 2 (wife). The balance sum of Rs. 1 lakh has been brought to the Court in the shape of Demand Draft dated 5th January, 2016 bearing No. 208129 drawn on Sarva Haryana Gram in Bank. Gurgaon Branch, Haryana in favour of respondent No. 2(wife) herein. The latter acknowledges receipt thereof subject to its encashment.
5. In the present case, it is observed that pursuant to the settlement arrived at between the parties to the union, a decree of divorce by mutual co
