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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sandeep Kansal & Ors. – Appellants
Versus
State of NCT of Delhi & Anr. – Respondents
Cr.M.C. 6974 of 2022
Decided On : 13-02-2023
Settlement of Matrimonial Dispute - Quashing of FIR - The court quashed the FIR and all proceedings emanating from it based on the settlement of matrimonial disputes between the parties.
Fact of the Case:
The petition was filed to quash FIR No.322/2007 under Sections 420/467/468/471/201/120B IPC, arising from matrimonial disputes between the parties.
Finding of the Court:
The court found that the parties had settled all their disputes, including the matrimonial dispute, and that the ends of justice would be met by quashing the FIR and its proceedings.
Issues: The main issue was whether the FIR and its proceedings should be quashed in light of the settlement of the matrimonial dispute between the parties.
Ratio Decidendi: The court relied on previous judgments emphasizing the need to put an end to cases arising from matrimonial differences if the parties have reached an amicable settlement.
Final Decision: The court quashed FIR No.322/2007 under Sections 420/467/468/471/201/120B IPC and all proceedings emanating therefrom, disposing of the petition.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A.27012/2022 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C.6974/2022
1. Present petition has been filed for quashing of FIR No.322/2007 under Sections 420/467/468/471/201/120B IPC registered at Police Station Lodhi Colony seeking following prayer:
"a) Quash FIR NO. 322/2007 registered with Police Station Lodhi Colony, New Delhi, under section 420/467/468/471/201/120B IPC;
b) Quash all consequential incidental and other proceedings which are emanating out of FIR no. 322/2007and/or pending in furtherance thereto;."
2. Learned counsel for the petitioner submits that in fact petitioner No.2 and respondent No.2 are husband and wife and after around 20 years of marriage in the year 2006-07, some matrimonial disputes arose between them which led to the filing of civil cases against each other. The disputes primarily revolve around the family business. However, now the parties have settled all their disputes vide settlement deed dated 30.11.2020. He submits that there were around 8 litigations between the parties and all other litigations except the present FIR have already been settled/quashed/withdrawn and therefore prays that the present FIR and all other proceedings therefrom may also be quashed.
3. Petitioner No.1 Sandeep Kansal, Company Secretary is present in person. Petitioner No.2 is stated to be quite unwell as well asbedridden and is therefore appearing through video conferencing. Petitioner No.3 Rajat Jindal is also appearing through video conferencing.
4. Respondent No.2 is present in person and has duly been identified by the Investigating Officer. She submits that she has already joined the matrimonial home and all the disputes between the parties are settled. She states that the petition filed before the NCLT regarding the present dispute has also been settled and withdrawn vide order dated 25.02.2021.
5. Since it was a matrimonial dispute which gave rise to several other disputes between the parties and now since the parties have settled the disputes amongst themselves, ends of justice would be met if the present FIR No.322/2007 under Sections 420/467/468/471/201/120B IPC registered at Police Station Lodhi Colony and all the proceedings emanating therefrom are quashed.The Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached on an amicable settlement. Reliance may be placed upon: 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 and Jasmair Singh and Another vs. State of Haryana and Another, (2022) 9 SCC 73.
6. Taking into account the totality of facts and circumstances, the case FIR No.322/2007 under Sections 420/467/468/471/201/120B IPC registered at Police Station Lodhi Colony and all the proceedings emanating therefrom are quashed. The present petition stands disposed of.
AI
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established by relevant case laws.
The central legal point established is the court's authority to quash criminal proceedings in matrimonial disputes based on genuine settlements, as supported by legal precedents.
The importance of putting a quietus to matrimonial disputes through genuine settlements.
The court can quash non-compoundable offences based on amicable settlements and exercise inherent powers under section 482 of the Code to prevent abuse of the court process.
The power of the High Courts to quash FIRs, the nature of offences that can be quashed based on compromise, and the influence of previous judgments on the court's decision.
The court's decision established the principle that FIRs in matrimonial disputes can be quashed based on amicable settlements between the parties, and that the nature of the offences and settlement a....
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, as established in B.S. Joshi v. State of Haryana, (2003)4 SCC 675; K. Srinivas Rao v. D.A. Deepa, ....
The central legal point established is that the power to quash criminal proceedings can be exercised when the parties have settled their dispute and continuation of the proceedings would be an abuse ....
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