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2023 Supreme(Del) 1955
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sandeep Sharma – Appellant
Versus
The State (Govt. of Nct) of Delhi – Respondent
Crl.M.C. 7096 of 2022
Decided On : 17-01-2023
Deepak Parashar and Prakhar Singh, Advocates with petitioners in person.
Satinder Singh Bawa, APP, for the State.
SI Ashutosh Mishra, PS Bhajanpura, Delhi.
Ajay Gautam, Advocate, for the Respondent-2 with Respondent-2 in person.
Matrimonial disputes should be put to rest if the parties have reached a genuine settlement, and the well-being of the child should be considered in such settlements.
Headnote:
Settlement - Matrimonial Dispute - Sections 498A/406/34/377 IPC - Section 13-B of Hindu Marriage Act - [498A/406/34/377 IPC, Section 13-B of Hindu Marriage Act]
Fact of the Case:
The petition seeks quashing of FIR No. 0245/2017, initially lodged under Sections 498A/406/34 IPC and later Section 377 IPC was added. The parties reached a settlement for dissolution of marriage, payment of settlement amount, and custody of the child. The settlement excluded Section 377 IPC as it is non-compoundable.
Finding of the Court:
The court found that the parties voluntarily and amicably arrived at a settlement, and the marriage was dissolved under Section 13-B of Hindu Marriage Act. The court noted that the settlement excluded Section 377 IPC and quashed the FIR and all criminal proceedings emanating from it.
Issues: Quashing of FIR, Settlement of matrimonial dispute, Custody rights of the child, Applicability of Section 377 IPC
Ratio Decidendi: The court emphasized the importance of putting matrimonial disputes to rest if the parties have reached a genuine settlement. It considered the voluntary nature of the settlement and the well-being of the child in reaching its decision.
Final Decision: The court quashed the FIR and all criminal proceedings emanating from it, considering the settlement reached by the parties. The rights of the child to pursue legal remedies were left open.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed seeking quashing of FIR No. 0245/2017 registered at PS Bhajanpura. Initially the FIR was lodged under Sections 498A/406/34 IPC. However, later Section 377 IPC was added at the statement of the respondent No.2/complainant after filing of the charge-sheet. However, parties were referred to mediation and a settlement took place between them at Delhi Mediation Centre, Karkardooma Courts, Delhi on 02.03.2022. The settlement arrived at between the parties is as under:
"The parties have entered into a settlement in respect of all the above stated cases except section 377 IPC in case FIR no. 245/2017, PS Bhajanpura, as section 377 IPC is non-compoundable.
Mediation process explained to the parties. Separate and joint sessions held with the parties. Now, parties have voluntarily and amicably arrived at a settlement qua their above stated cases except section 377 IPC in case FIR no. 245/17, stated above, on the following terms and conditions:
1. It is agreed between the parties that they shall get their marriage dissolved by mutual consent in accordance with law as provided u/s 13 (B) of HM Act.
2. It is agreed between the parties that the husband shall pay a total sum of Rs.15,50,000/- (Rs.Fifteen Lakhs Fifty Thousand only) to the wife towards full and final settlement of all her claims arising out of the marriage including istridhan, permanent alimony, maintenance (present, past & future).
3. It is agreed between the parties that the custody of baby Disha Sharma shall remain with the wife and the husband shall not have custody rights of baby Disha Sharma and shall not have visitation rights to meet with baby Disha Sharma.
4. It is agreed between the parties that the petition for first motion shall be filed by the parties within one week from today and the second motion petition shall be filed by the parties within one month of expiry of statutory period of six months as per law or on getting the statutory period waived off as per law.
5. It is agreed between the parties that the payment of the settled amount of Rs.15,50,000/- shall be made by the husband to the wife in the following manner:
i) Rs.4,00,000/- (Rs.Four Lakhs only) by way of DD in the name of the wife at the time of recording statement of the parties in first motion petition for divorce by mutual consent.
ii) Rs.4,50,000/- (Rs.Four Lakhs Fifty Thousand only) by way of DD before the court concerned at the time of recording statement of the parties in second motion petition for divorce by mutual consent.
iii) Rs.7,00,000/- (Rs.Seven Lakhs only) by way of DD before the Hon'ble High Court of Delhi at New Delhi at the time of quashing of FIR bearing no. 245/2017, PS Bhajanpura, in respect of sections 323/498A/406/34 IPC. It is agreed between the parties that the husband and other respondents shall file petition for quashing of the said FIR before the Hon'ble High Court of Delhi at New Delhi within one month of obtaining final decree of divorce by mutual consent and the wife shall cooperate with all the respondents in quashing in every manner.
6. It is agreed between the parties there is one car Wagon R bearing registration no. DL8CAL2676, which is in possession of the husband. It is agreed between the parties that the husband shall get the said car transferred in the name of the wife on or before recording statement of the parties in first motion petition for divorce by mutual consent and shall hand over the possession of the said car to the wife before the court concerned at the time of recording statement of the parties in second motion petition for divorce by mutual consent.
7. It is agreed between the parties that the settlement is only between the husband and wife and the minor child would be free to have recourse to the provisions of law for seeking appropriate relief from the court in relation to the aspect of maintenance, education and upbringing in terms of the pronouncement of the judgment by Hon'ble High Co
