Ankush Rai vs State - 2023 Supreme(Del) 87

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 87

IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
Ankush Rai & Ors. – Appellants
Versus
The State & Anr. - Respondents
CRL.M.C. 1982 of 2022
Decided on : 19-01-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Vikrama Jeet Singh, Adv.
For the Respondent: Mr. Raghuvinder Verma, SI Jyoti, PS Lajpat Nagar.

Headnote:
Indian Penal Code, 1860 - Sections 498A, 406, 34 - Criminal Procedure Code, 1973 - Section 482 - Quashing of First Information Report - Proceedings emanating - Demand Draft bearing - Husband or relative of husband of a woman subjecting her to cruelty - Punishment for criminal breach of trust - Facts of case are that petitioner no.1-husband and respondent no.2-wife got married - However, due to certain differences and disputes arose between parties, therefore they started living separately - That FIR was lodged on statement of Respondent no.2-wife - It is stated that Parties have reached at an amicable settlement - Held, It has repeatedly been held by Apex Court that in the matrimonial disputes, if parties have settled matter between themselves amicably, it is duty of Courts to encourage same - Reliance can be placed - Court consider that there would be no purpose of continuing with trial as parties have entered into settlement voluntarily without any fear, force and coercion, and have decided to give quietus to proceedings - It was a matrimonial dispute which has been amicably settled - Ordered Accordingly.

JUDGMENT :

DINESH KUMAR SHARMA, J.

1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR bearing No. 85/2020 registered at PS Lajpat Nagar, under Sections 498A/406/34 IPC.

2. Brief facts of the case are that the petitioner no.1-husband and respondent no.2-wife got married on 30.11.2016. However, due to certain differences and disputes arose between the parties, therefore they started living separately since 26.12.2017. That the FIR was lodged on the statement of Respondent no.2-wife. It is stated that the Parties have reached at an amicable settlement.

3. That an amended settlement agreement dated 28.05.2022 was filed as it was observed that the parents of petitioner No.1 were not party in the agreement-cum-settlement dated 25.03.2021. The terms and conditions of amended agreement-cum-settlement dated 28.05.2022 are read as follows;

1. That the second party/husband Mr. Ankush Rai will return all the personal belongings, clothes, purses etc, available kept in the steel Almirah and suit-case to the first party will accept the same under acknowledgement. It is necessary to mention here that the second party had already returned everything to the first party pursuant to the settlement.

2. That in addition to above referred goods in clause-I, the second party agreed to pay a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) to the first party on account of all alimonies i.e. past, present and future etc. in four installments and the first party/wife Ms. Aabha Chandna also agrees to accept the same in the following manners:

Rs.5,00,000/- (Five Lakh)

The First installment of settled amount.

By way of pay order/D.D. to be issued in favour of first party Ms. Aabha Chandna at the time of signing of the agreement. It is necessary to mention here that the second party had already paid first installment of Rs. 5,00,000/- (Rupees Five Lakh) to the first party on 25.03.2021.

Rs.5,00,000/- (Five Lakh)

The Second installment of settled amount

At the time of recording of statement of 1st Motion U/s.l3-B(l) of HM Act before the concerned Family Court by way of pay Order/DD in favour of Ms. Aabha Chandna. It is necessary to mention here that the second party had already paid second installment of Rs. 5,00,0001 (Rupees Five Lakh) to the first party at the time of recording of statement of 1st Motion U/s.13-B(1) of HM Act.

Rs.3,00,000/- (Three Lakh)The Third installment of settlement amount

At the time of recording of statement of Second Motion U/s.13-B(II) of HMA before the concerned Family Court by way of pay Order/DD in favour of Ms. Aabha Chandna.

It is necessary to mention here that the second party had already paid third installment of Rs. 3,00,000/- (Rupees Three Lakh) to the first party at the time of recording of statement of IInd Motion U/s. 13-B(1) of HM Act.

Rs.2,00,000/- (Two Lakh) The fourth/ remaining balance installment of settled amount.

At the time of Quashing proceedings U/s. 482 Cr.P.C. for quashing of FIR No. 85/2020 U/s.498-A/406/34 IPC, P.S. Lajpat Nagar, New Delhi by way of pay Order/DD before Hon'ble Delhi High Court, New Delhi.

(II) That it is also agreed and assured between the parties that in all the circumstances both the first party and the second party will file the First Motion U/s.13-B(I)HMA before the Competent Court on or before 3Oth day of March,2021. It is necessary to mention here that the First Motion U/s.13-B(I) HMA was filed, and it was allowed by the concerned Family court.

(III) That it is further agreed and settled between the first party and second party that they will file Second Motion U/s.13-B(II) HM Act as per the stipulated period of HMA or with the permission of Hon'ble concerned court immediate after 10- 15 days of decision of First Motion with request period

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