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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kapil Alias Lekhraj & Ors. – Appellants
Versus
The State Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 752 of 2023
Decided On : 03-02-2023
Settlement Agreement - Quashing of FIR - The court quashed the FIR and all proceedings emanating from it based on an amicable settlement between the parties in a matrimonial dispute, citing the duty of the courts to encourage genuine settlements of matrimonial disputes and the inherent power of the high court to secure the ends of justice under Section 482 Cr.P.C.
Fact of the Case:
The petitioner and respondent got married but later faced temperamental differences, leading to the lodging of an FIR. During the divorce proceedings, they reached a settlement agreement, and the respondent received a sum of money. She voluntarily stated that she had no objection to quashing the FIR and all proceedings.
Finding of the Court:
The court found that the parties had amicably settled the matrimonial dispute and decided to quash the FIR and all proceedings emanating from it.
Issues: The issue was whether the court should quash the FIR and proceedings based on the settlement agreement between the parties.
Ratio Decidendi: The court held that it is the duty of the courts to encourage genuine settlements of matrimonial disputes and that even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, the power of quashing the FIR and proceedings can be exercised.
Final Decision: The court quashed the FIR No.0090/2014 under sections 34,406,498-A IPC 1860 registered at PS Jagatpuri, and all the other proceedings emanating therefrom based on the amicable settlement between the parties.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present Petition has been filed for quashing of fir no. 0090/2014 under section 34,406,498-A IPC 1860 registered at PS Jagatpuri.
2. Briefly stated facts of the case are that petitioner No.1 and respondent No.2 got married on 10.07.2008 and remained together till 24.03.2009. No child was born out of this wedlock. Some temperamental differences arose, and an FIR was lodged at the statement of Respondent No.2/complainant. Thereafter, a Mutual divorce petition was filed and the decree of divorce was granted vide order dated 08.03.2022 by Learned Principal Judge, Family Court, Shahdara, Karkardooma Courts, Delhi. During the divorce proceedings, Respondent No.2 along with the petitioners have reached into a settlement agreement dated 29.11.2019.
3. The terms of the settlement are as follows:
"1. That the petitioner and respondent shall take divorce by way of mutual consent within the jurisdiction of Delhi Court.
2. It is agreed between the parties that husband shall pay to the wife a sum of Rs.3,15,000/- as full and final settlement (against stridhan, and dowry, maintenance towards past, present and future qua this marriage and nothing remain due qua this marriage in 3 instalments.
3. It is further agreed between the parties that the husband will pay Rs.1,15,000/- to the wife at the time of recording of the statement of first motion.
4. It is further agreed between the parties that the husband will pay Rs.1,00,000/- to the wife at the time of recording of statement of second motion.
5. It is agreed between the parties that the first motion petition shall be filed on or before 06/12/2019 and second motion shall be filed as per law. All litigation expenses beared by petitioner (Ist motion, IInd motion and quashing of FIR)
6. It is further agreed between the parties that the respondent shall pay Rs.1,00,000/- to the petitioner at the time of quashing of FIR No. 90/14 u/s 406/498-A IPC PS Jagatpuri in the Hon'ble High Court of Delhi within 30 days after Second Motion and Petitioner shall cooperate and sign all the necessary affidavit & do the needful in quashing of said FIR.
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8. It is further agreed between the parties that the petitioner/respondent will withdraw the case which is pending in the court of Ms Sarita Birbal, Judge, Family Court, KKD.
9. It is agreed between the parties that they have understood the terms and conditions of the settlement in vernacular.
10. It is further agreed between the parties that they shall remain bound with the aforesaid terms and conditions as mentioned in the settlement.
11. All the matters relating to this marriage either civil or criminal are settled and neither the parties nor their relatives shall make any claim against each other in future and will not file any case/complaint against each other at any time of future in any Court of law/Police Station etc. All case withdraw before IInd Motion."
4. An Amount of Rs.1,00,000/- has been received by way of a Demand Draft bearing No.866813 dated 19.11.2022 drawn on Indian Overseas Bank. Respondent No.2 has stated that she has no objection if FIR No. 0090/2014 under sections 34,406,498-A IPC 1860 and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.
5. IO has duly identified the petitioners as well as respondent No.2.
6. The High Court is the highest court of the State and is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 Cr.P.C. also acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of l
Courts have a duty to encourage genuine settlements of matrimonial disputes and have the inherent power to quash proceedings based on amicable settlements, even if the offences are non-compoundable.
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 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.
The main legal point established is that matrimonial disputes can be settled amicably, leading to the quashing of related criminal proceedings under the specified legal provisions.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
The central legal point established is that cases arising from matrimonial differences can be put to a quietus through the exercise of inherent powers under section 482 of the Code if the parties hav....
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
The court can exercise inherent powers to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as established in precedents.
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.
Courts should encourage the settlement of matrimonial disputes through amicable settlement, and if the parties have reached a mutual settlement voluntarily without fear, force, or coercion, the same ....
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