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IN THE HIGH COURT OF DELHI AT NEW DELHI
DINESH KUMAR SHARMA, J.
Baneet Gupta and Others – Appellant
Versus
State and Another - Respondent
Crl.M.C. 3645 of 2022 and Crl.M.A. 4980 of 2023
Decided on : 13-04-2023
498A/406/34 IPC - Matrimonial Dispute - Hindu Marriage Act, 1955, Section 13B - Domestic Violence Act, 2005, Section 12 - Cr. P.C., Section 125 - Settlement of matrimonial disputes, quashing of FIR and criminal proceedings
Fact of the Case:
The parties were married and subsequently faced temperamental differences leading to separate residence. The respondent lodged a complaint resulting in the registration of FIR under Sections 498A/406/34 IPC. The parties settled their disputes through a mediation center and filed a petition for divorce by mutual consent, which was granted. The petitioner sought quashing of the FIR and consequent proceedings.
Finding of the Court:
The court acknowledged the amicable settlement between the parties and the dissolution of marriage by mutual consent. It emphasized the need to put an end to matrimonial disputes when genuine settlements are reached. Considering the settlement and the grant of divorce, the court found no purpose in continuing with the complaint and quashed the FIR and all criminal proceedings.
Issues: Settlement of matrimonial disputes, quashing of FIR and criminal proceedings
Ratio Decidendi: Cases arising from matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments. The court considered the settlement and grant of divorce as valid reasons to quash the FIR and criminal proceedings.
Final Decision: The court quashed the FIR No. 0017/2021 dated 13.01.2021 registered under Sections 498A/406/34 IPC at P.S. Vijay Vihar, New Delhi and all other criminal proceedings emanating therefrom.
JUDGMENT :
DINESH KUMAR SHARMA, J.
The present petition has been filed seeking quashing of case FIR No. 0017/2021 dated 13.01.2021 registered under Sections 498A/406/34 IPC at P.S. Vijay Vihar, New Delhi. The said FIR was lodged at the instance of the respondent No. 2/complainant.
2. Facts, in brief are that the parties were married on 06.07.2018, as per Hindu rites and customs in Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences, both the parties started residing separately since 27.09.2019. Subsequently, the respondent No. 2/complainant lodged a complaint, basis which the present FIR came to be registered under Sections 498A/406/34 IPC at P.S. Vijay Vihar, New Delhi, against the petitioners herein. Chargesheet has been filed and the matter is pending adjudication before the learned MM Rohini Courts, Delhi. It has been submitted that besides the present FIR, a complaint case u/s 12, PWDV Act titled Poonam v. Baneet Gupta. was filed. Another petition u/s 125 Cr. P.C. titled Poonam v. Baneet Gupta was filed. It has been submitted that both these petitions have been disposed of. Moreover, the petitioner No. 2 also got registered another FIR No. 500/2019 u/s 452/323/506/34 IPC at PS Jahangir Puri, Delhi against the respondent No. 2 and her family members which is also pending before the learned MM, Rohini Courts, Delhi.
3. Learned counsel submits that while the proceedings were underway, with the intervention of family members and well-wishers, the parties amicably settled all their disputes before the Mediation Centre, Rohini Courts, Delhi vide Compromise/settlement deed dated 21.04.2022 on the following terms and conditions:
2) The Baneet Gupta shall pay a total sum of Rs. 8,00,000/- (Rs. Eight Lakhs Only) in full and final settlement of all claims of the Ms. Poonam Aggarwal for past, present and future arising out of the marriage with her which shall include permanent alimony, istridhan, dowry articles, maintenance and all other miscellaneous expenses.
3) The settlement amount of Rs. 8,00,000/- (Rs. Eight Lakhs Only) shall be paid by Baneet Gupta to Ms. Poonam Aggarwal by way of DD/RTGS/NEFT or any other electronic mode in the following manner:
(i) A sum of Rs. 2,00,000/- (Rs. Two Lacs Only) at the time of recording of statements in First Motion Petition u/s 13B (1) of Hindu Marriage Act which shall be filed by the parties within 15 days from today.
(ii) A sum of Rs. 2,00,000/- (Rs. Two Lacs Only) at the time of recording of statements in Second Motion Petition u/s 13B (2) of Hindu Marriage Act which shall be filed within one month after passing order in the First Motion u/s 13 (B) of Hindu Marriage Act or at the earliest by moving appropriate application for exemption of time limit.
(iii) A sum of Rs. 2,00,000/- each (Rs. Two Lakhs Only each) at the time of quashing of both FIRs mentioned above which shall be filed by the parties within two months of grant of decree of divorce. The parties shall co-operate each other in quashing of aforesaid FIRs and shall give necessary statements/affidavits, if required.
4) The cases u/S. 12 DV Act as well as petition u/S. 125 Cr. P.C. shall be withdrawn by Ms. Poonam Aggarwal from the Ld. Courts concerned within one week of passing the decree in first motion.
5) Both the parties shall not interfere in the life of each other in future.
6) After compliance of the terms of the present settlement, there shall remain no dispute due between the parties arising out of the said marriage and that none of the parties shall file any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties is pending
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments.
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.
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 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.
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.
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
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 through genuine settlements, and the rights of children born out of the wedlock should be protected.
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