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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Mr. Anshul Bharti & Ors. – Appellants
Versus
State of Delhi & Anr. – Respondents
Cr.M.C. 7119 of 2022
Decided On : 09-02-2023
498A/406/34 IPC - Matrimonial Dispute - Hindu Marriage Act, 1955
Fact of the Case:
The petitioner filed for quashing of FIR No. 0282/2017 registered under Sections 498A/406/34 IPC, which was lodged by the respondent/wife. The parties had settled their disputes amicably and obtained a divorce decree. The respondent expressed no objection to quashing the FIR due to the settlement.
Finding of the Court:
The court found that the parties had settled their disputes amicably, obtained a divorce decree, and the respondent had no objection to quashing the FIR. The court considered it better to put a quietus to the dispute in view of the settlement deed arrived at between the parties voluntarily without any force, fear, and coercion.
Issues: Quashing of FIR No. 0282/2017 under Sections 498A/406/34 IPC
Ratio Decidendi: Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement. The court relied on B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, and Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another to support the decision to quash the FIR.
Final Decision: The court quashed the FIR No. 0282/2017 registered under Sections 498A/406/34 IPC and all proceedings emanating therefrom.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed for quashing of FIR No. 0282/2017 registered at PS Dwarka South (Old), Delhi, under Sections 498A/406/34 IPC. The said FIR was lodged at the complaintof 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 27.03.2015 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 28.03.2016. Thereafter, respondent no. 2/complainant lodged the present FIR No. 0282/2017against the Petitioners herein. Trial with respect to the present FIR is pending and summons have been issued to the petitioners by the learned Court of MM, Dwarka Courts, New Delhi in Cr. Case No. 12477/2018.
3. Thereafter, due to the intervention of family members and well- wishers, the parties settled all their disputes amicably on 03.06.2017 before the Mediation Centre, Dwarka Courts, New Delhi on the following terms and conditions:
1. That both the abovesaid parties have settled all their claims/disputeswith regard to marriage between complainant/wife and respondent no.1/husband.It has been agreed between the parties that they shall seek divorce by mutual consent.
2. That the respondent no.1/husband has agreed to pay a sum of Rs.2,00,000/- (Rupees two lakh only), towards full and final settlement of all claims of complainant/wife regarding dowry articies, stridhan, permanent alimony and maintenance (past, present and future), which the complainant/wife has agreed to accept as such.
3. It has been agreed between the parties that the settled sum of Rs. 2,00,000/-(Rupees two lakh only) shall be paid by the respondent no.1/husband to the complainant/wife in two installments, as per the following schedule:
(i) First installment of Rs.1,00,000/- shall be paid at the lime of recording of statement during N motion petition for divorce by mutual consent u/s13-B(1) of the Hindu Marriage Act, 1955, which shall be filed on20.07.2017.
(ii) Second/last installment of Rs.1,00,000/- shall be paid at the time of recording of statement during second motion petition for divorce by mutual consent u/s13-B(2) of the Hindu Marriage Act, 1955, which shall be filed within 15 days after expiry of minimum statutory period after first motion u/s13-B(1) of the Hindu Marriage Act, 1955, as per law.
4. That the complainant/wife shall withdraw the present case as well as her both her above-mentioned connected cases mentioned at sl.no.2 and 3 on the day of recording of statement during second motion petition for divorce by mutual consent u/s 13-B(2) of the Hindu Marriage Act, 1955.
5. That the respondent no.1/husband shall withdraw the abovementioned connected case u/sec.9 of HMA, from the Hon'ble concerned court on the date fixed i.e. 14.07.2017.
6. It has been agreed between all the parties hereto that they shall not post any photograph of each other or their respective family members/relatives on social media and shall also not contact each other or their respective family members/relatives.
7. That the respondent/husband shall return all the belongings of the complainant/wife to her as per admitted list annexed hereto as Mark A, duly signed by both the parties hereto on the day of recording of statement during first motion petition for divorce by mutual consent u/s13-B(1) of the Hindu Marriage Act, 1955.
8. That the complainant/wife shall inform the concerned CAW Call and concerned police station regarding settlement of present as well as above-mentioned connected cases within one month from today.
9. It has been agreed between the parties hereto that if the complainant/wife does not withdraw her cases, same shall be treated as not pressed.
10. It has been agreed between the parties hereto that they shall make appropriate statements before the concerned courts/authorities and shall cooperate with each other in all the l
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, as established in previous judgments.
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.
Settlement and withdrawal of complaints in matrimonial disputes can be valid grounds for quashing FIRs and criminal proceedings.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Courts may exercise inherent powers to quash non-compoundable offences arising from matrimonial disputes if the parties have reached an amicable settlement, as established in previous judgments.
Matrimonial disputes should be put to rest if the parties have genuinely settled their differences.
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
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