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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Hari Niwas and Others – Petitioners
Versus
State (Govt. of NCT of Delhi) and Others – Respondents
Crl. M.C. No. 5036/2022
Decided On : 24-04-2023
498A/406/34 IPC - Matrimonial Dispute - 498A, 406, 34 IPC - The court quashed the FIR and all proceedings emanating from it based on an amicable settlement between the parties, citing the settlement agreement and the need to put a quietus to matrimonial disputes. The court also noted that the settlement shall not be binding on the minor children, allowing them to invoke their rights in accordance with the law.
Fact of the Case:
The petition sought quashing of FIR No. 1063/2014 under Sections 498A/406/34 IPC registered at PS Nand Nagri, Delhi, based on an amicable settlement between the parties before the Family Court. The settlement agreement included financial terms and custody arrangements for the minor child.
Finding of the Court:
The court found that the parties had reached an amicable settlement out of their own free will, without any fear, force, or coercion. It considered the settlement agreement and the need to put a quietus to matrimonial disputes, ultimately quashing the FIR and all proceedings emanating from it.
Issues: The issues involved the validity of the settlement agreement, the impact of the settlement on the ongoing legal proceedings, and the rights of the minor children in relation to the settlement.
Ratio Decidendi: The court's decision was based on the genuine settlement reached by the parties, the need to put an end to matrimonial disputes, and the non-binding nature of the settlement on the minor children, allowing them to invoke their rights in accordance with the law.
Final Decision: FIR No. 63/2014 dated 30.10.2014 under Sections 498A/406/34 IPC registered at PS Nand Nagri, Delhi and all other proceedings emanating therefrom were quashed. The petition along with pending applications stood disposed of.
JUDGMENT :
DINESH KUMAR SHARMA, J.
1. Present petition has been filed seeking quashing of FIR No. 1063/2014 dated 30.10.2014 under Sections 498A/406/34 IPC registered at PS Nand Nagri, Delhi. The said FIR was lodged at the instance of respondent No. 2/complainant.
2. Facts, as alleged in the petition, are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 26.04.2007 as per Hindu rites and Customs at Delhi. Two children namely Tanisha and Sagar were born out of this wedlock. Thereafter due to some misunderstanding between the parties, a case vide FIR No. 1063/2014 was lodged.
3. It has been submitted that while the proceedings were underway, the parties arrived at a settlement before the Principal Counselor, Family Court, Shahdara Karkardooma Delhi.
4. Both parties are present in court and have duly been identified by the IO. They state that the dispute pertaining to the present case has been settled between the parties out of the Court with the intervention of respectable family members. Respondent no. 2 submits that out of the total amount of Rs. 2 Lakhs, she has already received Rs. 1,30,000/- and the remaining amount of Rs. 70,000/- has received today in court by way of Demand Draft bearing DD No. 931731 dated 02.03.2023 in the name of Komal drawn from Indian Bank. She submits that since the terms of the settlement have been complied with she has no objection if the present FIR and all the consequent proceedings are quashed. She states that she is making the statement voluntarily against all claims (past, present and future) without any fear, force, undue influence or coercion.
5. I have considered the submissions and perused the settlement agreement. The settlement agreement reads as follows:
a. That respondent Hari Niwas will pay a sum of Rs. 80,000/- (Rupees Eighty Thousand only) in form of demand draft/cash/cheque to the petitioner Komal at the time of recording of statement of both the parties before the Hon'ble family courts under the first motion proceedings.
b. That the respondent Hari Niwas shall pay Rs. 50,000/- (Rupees Fifty Thousand Only) to the petitioner Komal at the time of recording of statement of both the parties before the Hon'ble family court under the second motion proceedings as full and final settlement amount in the form of Demand Draft/Cash/Cheque etc.
c. That the respondent Hari Niwas will pay Rs. 70,000/- (Rupees Seventy Thousand Only) to the petitioner Komal at the time of quashing of FIR No. 1063/2014 dated 30.10.2014 under Sections 498A/406/34 IPC registered at PS Nand Nagri, Delhi in Hon'ble High court of Delhi and petitioner Komal shall cooperate and sign all necessary affidavit and other require if in quashing of said FIR.
5. It is agreed between the parties that the petitioner Komal will not have any right, title, interest, claim etc. whatsoever over the properties of respondent Hari Niwas after the completion of the present compromise agreement.
6. It is agreed that the petitioner Komal shall not claim any stridhan, maintenance (past, present and future) nor she/he claim any right title or interest in the properties of both movable and immovable of the respondent Hari Niwas.
7. It is agree that both the parties shall withdraw all the cases and complaints filed against each other from the respected Hon'ble courts, police station, and concerned authorities at the time of first motion/before the second motion.
It is agreed between the parties that the husband shall pay to the wife a sum of Rs. 2,000/- (Rupees Two Thousand Only) for the maintenance of the child namely (Tanisha 9 yrs) till the majority of the child through bank account.
8. It is agreed between the parties that the minor child namely Baby Tanisha age 9 yrs., will be under the absolute legal custody of
The central legal point established in the judgment is the significance of genuine settlements in matrimonial disputes and the court's discretion to quash legal proceedings based on such settlements.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
Matrimonial disputes 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 should be respected, and cases arising from such disputes should be put to rest if the parties have arrived at a genuine settlement.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in 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, ....
The main legal point established is that in matrimonial disputes, genuine settlements should be given importance, and if the parties have amicably resolved their disputes, the cases should be put to ....
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