Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1959

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kailash – Appellant
Versus
The State of NCT of Delhi – Respondent
Cr.M.C. 343 of 2023
Decided On : 19-01-2023

Advocates appeared:
Vivek Gautam, Advocate with Petitioners in person.
Satinder Singh Bawa, APP for the State.
SI Tarun Khatri, PS Paschim Vihar, West
M.K. Duggal, Advocate, for the Respondent-2 with Respondent-2 in person.

Matrimonial disputes should be put to rest if a genuine settlement has been reached by the parties.

Headnote:
Settlement - Matrimonial Dispute - Hindu Marriage Act, 1955 - Section 13-B (2) - FIR No. 0032/2021 under Sections 498A/406/34/354 IPC
Fact of the Case:

The petition was filed to quash FIR No. 0032/2021 under Sections 498A/406/34/354 IPC, arising from a matrimonial dispute. The parties had settled all disputes amicably, and the respondent/wife sought to quash the FIR and all criminal proceedings.
Finding of the Court:

The court found that the parties had settled their disputes at their own free will and that continuing with the proceedings would serve no useful purpose, as the chances of conviction were remote. Citing previous judgments, the court held that cases arising from matrimonial differences should be put to rest if a genuine settlement has been reached.
Issues: Quashing of FIR and criminal proceedings arising from a matrimonial dispute.
Ratio Decidendi: The court relied on the settlement reached by the parties and previous judgments to quash the FIR and all criminal proceedings.
Final Decision: The court quashed FIR No. 0032/2021 under Sections 498A/406/34/354 IPC at PS Paschim Vihar, West, Delhi, and disposed of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 1376/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 343/2023

1. Present petition has been filed for quashing of FIR No. 0032/2021 under Sections 498A/406/34/354 IPC, PS Paschim Vihar, West, Delhi. The said FIR was lodged at the complaint of the respondent No. 2/wife against the petitioners herein.

2. Learned counsel for the petitioner submits that the marriage has been dissolved between the parties and all disputes amicably settled. The parties are present before this court in person and have been duly identified by the IO. Respondent No.2/wife has stated that she was married to the petitioner No. 1 namely Kailash on 13.12.2018. She has stated that one child namely Jasveer was born out of the wedlock who unfortunately passed away on 09.09.2020. She has stated that now she has amicably settled all the disputes with the petitioners and wants to put a quietus to the same. She has stated that the marriage between the parties has also been dissolved by a decree of divorce by mutual consent under Section 13 B (2) of the Hindu Marriage Act, 1955, vide order dated 15.09.2022. The parties have entered into a MOU dated 21.03.2022 on the following terms and conditions:

"1. That the first party has settled all her claims of dowery articles, jewellery, istridhan, maintenance, past, present and future and permanent alimony, pendent-lite expenses and any other claims in respect of this marriage. It has been agreed that the second party will give Rs.4,00,000/- against the Wagon-R Car which was given in the dowry. It was further agreed that the second party will return jewellery of the first party as per list attached and second party shall also pay Rs.2,36,000/- to the first party with regard to remaining dowry articles as full and final settlement with regard to this marriage.

2. That it was agreed before the Panchayat that the second party shall hand over the entire jewellery of first party as per list attached and Rs.4,00,000/- in cash as against the Wagon-R car bearing No. DL-6C-R-7644 and Rs.2,36,000/- to the pachayat which will be handed over to the first party after the decree of divorce is passed by the Hon'ble court

3. That the second party has already handed over the jewellery as per the list attached and Rs.4,00,000/- as against the car and Rs.2,36,000/- as against the remaining dowry articles to Sh. Jangbahadur Badgujar sarpanch of the society) which are lying in his possession.

4. That both the parties to the deed has agreed to dissolve their marriage by mutual consent as there is no possibility of parties to live together as husband and wife in future and both the parties have agreed to file divorce petition under section 13-B (1) and 13-B (2) of Hindu Marriage Act, before the concerned matrimonial court at Delhi and both the parties undertakes to take necessary steps in this regard and undertakes to appear before the matrimonial court for recording of the statement for obtaining the divorce by mutual consent.

5. That both Parties to the deed shall file petition u/s-13-B (2) of HMA after the first motion is allowed at the earliest.

6. That it has been agreed that the second party after grant of divorce by the concerned court shall file petition for quashing of FIR No. 0032/21, u/s 498A/406/34/354 IPC P.S Paschim Vihar West before Hon'ble High Court of Delhi. It is further agreed that first party shall cooperate with the second party in quashing of the FIR in question.

7. That it has been agreed that the first party shall withdraw the case u/s 12 of DV Act after the first motion petition u/s 13-B (1) of HMA is allowed by the concerned court.

8. That it has been further agreed that the first party/wife past, present and future alimony, stridhan, maintenance, pending amount of maintenance, jewellery articles etc. and second party/husband nor his relatives shall claim anything from the first party/wife or her family members in futur

Click Here to Read the rest of this document