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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ashok Kumar & Anr. – Appellants
Versus
State of NCT of Delhi – Respondent
Cr.M.C. 654 of 2023
Decided On : 01-02-2023
Quashing of FIR - Matrimonial Dispute - HMA 13(B) (1), HMA 13(B) (2), IPC 406, IPC 498A - The court quashed FIR No.574/2021 registered under Sections 406/498A IPC at PS Uttam Nagar, Delhi, based on a genuine settlement arrived at between the parties without any fear, force, or coercion. The court relied on B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179 to support its decision.
Fact of the Case:
The petition was filed to quash FIR No.574/2021 registered under Sections 406/498A IPC at PS Uttam Nagar, Delhi, based on a settlement agreement between the parties. The marriage between the parties had been dissolved by a decree of divorce by mutual consent.
Finding of the Court:
The court found that the parties had entered into a genuine settlement out of their own free will and without any fear, force, or coercion. It was determined that no useful purpose would be served in continuing with the trial, and the quashing of the FIR and all proceedings emanating therefrom was deemed appropriate.
Issues: The main issue was whether the FIR and related proceedings should be quashed based on the settlement agreement between the parties.
Ratio Decidendi: The court relied on the principle that cases arising out of matrimonial differences should be put to a quietus if the parties have arrived upon a genuine settlement, as established in previous cases such as B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.
Final Decision: FIR No.574/2021 registered under Sections 406/498A IPC at PS Uttam Nagar and all the other proceedings emanating therefrom were quashed. The petition along with all the pending applications was disposed of.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
Crl.M.A.2571/2023 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.A. 2572/2023 (for condonation of delay in re-filing)
For the reasons stated in the application, the application is allowed.
The delay in re-filing the petition is condoned.
CRL.M.C. 654/2023
1. The present petition has been filed for quashing FIR No.574/2021registered under Sections 406/498A IPC at PS Uttam Nagar, Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.
2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 25.01.2019 as per Hindu rites and customs. No child was born out of this wedlock. After some time owing to temperamental differences both the parties started residing separately since 03.08.2019. Consequently, respondent no. 2/complainant lodged the present FIR against the Petitioners herein.
3. Learned counsel submits that the Chargesheet has been filed and the matter is pending before the learned MM (Mahila Courts), Dwarka Courts, New Delhi. However, during the proceedings, due to the intervention of family members and well-wishers, the parties have settled all their disputes amicably and arrived at a Settlement dated12.05.2022 before the Mediation Centre, Dwarka Courts, New Delhi on the following terms and conditions:
"(a) The respondent no. I/husband and the complainant/wife shall seek divorce by mutual consent.
(b) The respondent no. 1/husband shall pay a total sum of Rs.17,00,000/- (Rupees Seventeen Lacs Only), by way of demand draft, to the complainant/wife towards full and final settlement of the claims regarding dowry, Istridhan permanent alimony and maintenance (past, present and future) as under:
(i) The respondent no. 1/husband shall pay Rs.5,65,000/- (Five Lacs Sixty-Five Thousand Only) to the complainant, wife at the time of recording the first motion petition U/S 13(B) (1) of HMA which shall be jointly filed by the parties on or before 31.05.2022.
ii. The respondent no. 1/husband shall pay Rs.5,65,000/- (Five Lac Sixty-Five Thousand Only) to the complainant, wife at the time of recording the second motion petition. Both the parties shall move second motion petition for divorce within 15 days of minimum statutory period of any time sooner as per law u/s 13(B) (2) of HMA.
iii. The respondent no. 1/husband shall pay Rs.5,70,000/- (Rupees Five Lacs Seventy-Thousand Only) to the complainant/wife at the time of recording of statement of the parties in a petition for quashing of FIR mentioned at SI no. 1 in the list of connected cases to be filed by the respondent no. 1/husband before the concerned court within 1 month of passing of decree of divorce.
(c) The complainant/wife shall withdraw the present case from Ld. Referral Court within 1 weak after the recoding of statement of the second motion petition u/s 13B(2) of HMA.
(d) The respondent no. 1/husband shall also withdraw the above-mentioned connected the case mentioned at SI No. 2 in the list of connected the cases from the Ld. Family Court within 1 weak after the recording the statement of the second motion petition u/s I3B (2) of HMA.
(e) In case the respondent no. 1/husband refuses to abide by the term and condition of the present settlement, the amount paid by the respondent no. 1/husband will be forfeited by the complainant/wife.
(f) In case the complainant/wife refuse to abide by the terms and conditions of the present settlement, she shall be liable to return the double amount received by her from the respondent no. 1/husband."
4. Learned Counsel for the petitioner submits that as per the above settlement agreement/compromise deed dated 12.05.2022 the parties have resolved all their disputes amicably. It has been agreed between the parties that the petitioner shall pay a sum of Rs.17,00,000/- towards full and final settlement of the entire dispute to the respondent no. 2/complainant.
5. Learned Counsel for the petitioners submits that since the
Matrimonial disputes should be put to quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, as established in previous judgments.
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 rest if the parties have arrived at a genuine settlement, as established in previous judgments.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, using inherent powers under section 482 of the Cod....
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.
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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