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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Md Aasif and Others - Petitioners
Versus
State of NCT of Delhi and Another - Respondents
W.P.(CRL) 43 of 2023
Decided On : 17-04-2023
498A/406/34 of IPC - Matrimonial Dispute - DV Act, 2005, Section 12 - Settlement reached between parties - Quashing of FIR No. 682/2022
Fact of the Case:
The petitioner sought the quashing of an FIR filed under Sections 498A/406/34 of IPC by the respondent, who had also filed a complaint under section 12 of the DV act. The parties had entered into a settlement at the Delhi Mediation Centre, and the respondent had withdrawn the complaint under section 12 of the DV act.
Finding of the Court:
The court found that the dispute between the parties had been settled voluntarily and without coercion. It considered the settlement and the withdrawal of the complaint under section 12 of the DV act as valid grounds for quashing the FIR.
Issues: The main issue was whether the settlement reached between the parties and the withdrawal of the complaint under section 12 of the DV act warranted the quashing of the FIR.
Ratio Decidendi: The court relied on previous judgments to support its decision, emphasizing that cases arising from matrimonial differences should be put to rest if the parties have reached a genuine settlement. It considered the settlement and withdrawal of the complaint as valid grounds for quashing the FIR.
Final Decision: The court quashed the FIR No. 682/2022 dated 14.06.2022 under Sections 498A/406/34 of IPC registered at Police Station Nihal Vihar, Delhi, and all criminal proceedings emanating therefrom.
JUDGMENT :
DINESH KUMAR SHARMA, J.
The present petition has been filed seeking quashing of FIR bearing No. 682/2022 dated 14.06.2022 under Sections 498A/406/34 of IPC registered at Police Station Nihal Vihar, Delhi.
2. In brief, facts are that the marriage between Petitioner No. 1 and respondent no. 2/complainant was solemnized on 05.04.2010 as per Muslim rites and rituals at Badau, UP. No child was born out of this wedlock. Thereafter owing to temperamental differences both parties started residing separately since 25.04.2021. Consequently, respondent No. 2/complainant lodged the present FIR against the Petitioners herein the chargesheet has not been filed in the present case.
3. It has been submitted that Respondent No. 2 also filed a complaint under section 12 of the DV act against all the petitioners. Further, learned counsel for the petitioner submits that during the pendency of the proceedings, the parties have entered into a settlement at the Delhi Mediation Centre, Tis Hazari Courts, Delhi i on 27.10.2022 on the following terms and conditions:
2. It is also agreed that respondent/husband shall pay an amount of Rs. 2,70,0001- (Rupees two lacs seventy thousand only) to Ms. Farhana (complainant wife) towards full and final settlement of all her claims including Istridhan, maintenance (present. past and future). Permanent alimony, mehar, iddat etc. The Respondent No. 1 will return the personal belongings of the Complainant, if any. including cloths and one silver necklace.
3. That the aforesaid settlement amount shall be paid through DD/electronic mode, in the following manner):—
(i) Rs. 1,00,000/- (Rupees one lac only) on or before 15.11.2022
(ii) Rs. 1,70,000/(Rupees one lac seventy thousand only) at the time of quashing of FIR No. 682/22, a petition for the said purpose will be filed on or before 20.12.2022
4. That the complainant wife shall withdraw present case, on or before filing of quashing petition before Hon'ble High Court of Delhi.
5. That the parties shall approach Hon'ble High Court of Delhi for quashing of FIR No. 682/22, after dissolution of marriage, on or before 20.12.2022. The petitioner/wife 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 said FIR.
6. It is agreed that the complainant Ms. Farhana shall be left with no disputes/claims against the respondent/husband Mr. Md. Aasif or any of his family members in future and she shall not claim any right, title or interest in any movable or immovable property of the respondent/husband or his family members, in the light of present settlement. Both the parties undertake that no other case or proceeding is pending or initiated in any court against each other. The complainant and respondents further undertake not to file any case/complaint whether civil or criminal against each other in any court of law or concerned authority. Parties undertake to cooperate with each other in execution of present settlement and withdrawal of already filed cases.
7. It is agreed between the parties that they will not interfere in the lives of each other and shall part ways amicably.”
4. The petitioners and the complainant/respondent no. 2 are present before this court in person and have been duly identified by the IO. Respondent No. 2 states that she has entered into the settlement voluntarily out of her own free will, without any fear, force or coercion. She states that in pursuance of the settlement, the Demand Draft bearing DD No. 035623 dated 11.04.2023 of Rupees One Lakh Seventy Thousand in the name of Farhana drawn from Axis Bank has been handed over today. She further states that since the terms and conditions of the settlement have complied, she has no objection if the present FIR and all crim
Settlement and withdrawal of complaints in matrimonial disputes can be valid grounds for quashing FIRs and criminal proceedings.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
The court can exercise its inherent powers under section 482 of the Code to quash non-compoundable offences if the parties have reached an amicable settlement and there is no purpose in continuing wi....
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 quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest if the parties have arrived upon a genuine settlement, as established in relevant case law.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can quash non-compoundable offences based on an amicable settlement between the parties, using inherent powers under section 482 of the Code.
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
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