Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kulbir Singh and Others - Petitioners
Versus
State and Another - Respondents
Crl. M.C. 3599 of 2022
Decided On : 27-04-2023
Quashing - Matrimonial Dispute - The court quashed the FIR and all proceedings emanating from it based on an amicable settlement between the parties, considering the genuine settlement and the fact that the complainant no longer wished to pursue the complaint.
Fact of the Case:
The complainant, respondent no. 2, lodged a complaint against the petitioners under sections 498A/406/34 of IPC. However, the parties entered into an amicable settlement after the death of the husband of the respondent no. 2.
Finding of the Court:
The court found that the complainant no longer wished to pursue the complaint, and the chances of conviction were bleak given the amicable settlement and the death of the husband of the respondent no. 2. The court considered it better to put an end to the dispute in matrimonial matters through a genuine settlement.
Issues: The main issue was whether the FIR and proceedings should be quashed in light of the amicable settlement and the complainant's decision not to pursue the complaint.
Ratio Decidendi: The court held that cases arising from matrimonial differences should be put to rest if the parties have arrived at a genuine settlement, citing previous judgments supporting this principle.
Final Decision: The court quashed the case FIR No. 414/2017 and all proceedings emanating from it, considering the totality of facts and the complainant's decision not to pursue the complaint.
JUDGMENT :
Dinesh Kumar Sharma, J.
The present petition has been filed under section 482 Cr. P.C. seeking quashing of case FIR No. 414/2017 dated 26.12.2017 registered under sections 498A/406/34 of IPC at PS Patel Nagar. The present FIR was lodged on the statement of respondent no. 2/complainant against the petitioners herein.
2. Brief facts of the case are that the son of the petitioner No. 1 and respondent No. 2complainant got married on 29.11.2011 as per Hindu rites and customs. No child was born out of the wedlock. However, owing to temperamental differences the respondent No. 2/complainant started residing separately from September 2017. Thereafter, the respondent No. 2 lodged a complaint in CAW Cell, basis which the present FIR came to be registered. However, while the proceedings were underway, the son of petitioner no. 1 i.e. husband of the respondent No. 2 expired on 05.05.2020 and his death certificate has also been placed on record. Ld. Counsel submits that the now the parties have voluntarily entered into an amicable settlement vide settlement agreement dated 28.05.2022 before the Delhi Mediation Centre, THC Courts, Delhi on the following terms and conditions:
2. That the petition for quashing of present FIR shall be moved by the respondents before Hon'ble High Court. The complainant shall cooperate to give statement, affidavit/NOC and to do all these acts which may be required to be done before concerned Hon'ble High Court for quashing of present FIR.
3. That on the aforesaid acts being done as stipulated, all disputes, differences between the parties shall stand settled and satisfied for all times to come and no claim whatsoever shall remain surviving against each other. Both sides undertake not to initiate any proceedings against each other at any time in future in respect of their matrimony or ancillary thereto. The representations, complaints or other grievances raised by the parties before any Public Authority are deemed to have been fully and finally settled and satisfied. Such complaints etc. shall otherwise be treated to have been revoked/cancelled/withdrawn.
4. That the parties have gone through the terms herein before recorded and have confirmed and verified the same to be correct and that they are going to sign it without any threat, pressure, coercion or undue influence from any quarter. Both sides undertake to abide by these terms.”
3. Ld. Counsel submits that since the parties have amicably resolved all their disputes and no longer wish to pursue the present complaint, the FIR may be quashed. In terms of the agreement there is no monetary exchange between the parties towards the settlement. Ld. Counsel for the respondent submits that since the husband of the respondent No. 2/complainant has expired and the respondent No. 2 has amicably settled the matter with the petitioners, she does not wish to proceed with the present complaint.
4. The parties are present in person and have been duly identified by the IO. IO has also verified the fact regarding the death of the son of petitioner no. 1. Respondent No. 2 states that she has resolved all her disputes with the petitioners and has no grievance against the petitioners. She states that she no longer wishes to pursue the present complaint and has no objection if the same is quashed. She states that she has entered into the settlement voluntarily without any fear, force or coercion.
5. I have considered the submissions. The complainant/respondent No. 2 does not wish to pursue the present FIR. The chances of conviction would be bleak and remote, given that the complainant does not wish to pursue the present complaint on account of the amicable settlement. Moreover, the husband of the respondent No. 2 has already expired. In such circumstances continuance of the present
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as supported by previous judgments.
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement, as held in B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, ....
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
The importance of putting a quietus to matrimonial disputes through genuine settlements.
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
In matrimonial matters, genuine settlements between parties can lead to the quashing of FIR and subsequent proceedings.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
