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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Raghav Murarka & Ors. – Appellants
Versus
State & Anr. – Respondents
Cr.M.C. 6253 of 2022
Decided On : 21-02-2023
Settlement - Matrimonial Dispute - The court encouraged the settlement in matrimonial disputes and accepted the mutual settlement arrived voluntarily without fear, force, or coercion.
Fact of the Case:
The respondent, who was married to the petitioner, reached a settlement with the petitioner during divorce proceedings, where the petitioner agreed to pay a sum towards full and final settlement. The respondent sought quashing of the FIR and all proceedings emanating from it.
Finding of the Court:
The court considered the settlement reached by the parties as amicable and voluntary, without fear, force, or coercion, and quashed the FIR and all proceedings emanating from it.
Issues: Quashing of FIR and proceedings emanating from it.
Ratio Decidendi: The court 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 should be accepted.
Final Decision: The court quashed the FIR and all proceedings emanating from it.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. P.C. seeking quashing of FIR No. 246/2021 registered at PS Kirti Nagar under Sections 498A/406/34 IPC.
2. Briefly stated facts of the case are that Respondent No.2/complainant was married to Petitioner No. 1 on 18.01.2020 as per Hindu rites and rituals and remained together with the petitioner till 19.07.2020. However, due to temperamental differences, the marriage could not succeed and a mutual divorce petition was filed. The decree of divorce was granted vide order dated 05.03.2022 by the learned Additional Principal Judge, Family Court(West),Tis Hazari Courts, Delhi.
3. Respondent No.2/complainant states that during the divorce proceedings, she along with the petitioners has reached into a settlement deed dated 20.02.2022. As per the settlement, her husband/petitioner No.1 had to pay Rs.27,00,000/- towards full and final settlement of the entire dispute and she has already been paid Rs.18,00,000/-. Remaining sum of Rs.9,00,000/- has been received by way of a Demand Draft bearing No.654931 dated 14.02.2023 drawn on Yes Bank Ltd. She has further stated that she has no objection if FIR No. 246/2021 registered at PS Kirti Nagar under Sections 498A/406/34 IPC and all other proceedings emanating therefrom are quashed. She has also stated that she is making the statement voluntarily, without any fear, undue influence or coercion.
4. It has repeatedly been held by Hon'ble the Supreme Court and this court that the courts should encourage the settlement in matrimonial disputes. If the parties have reached on a mutual settlement, the same should accept if it has been arrived voluntarily without any fear, force or coercion.
5. Hon'ble Supreme Court in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 and this court in Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179 have repeatedly held that the court should encourage the settlement of matrimonial dispute through amicable settlement.
6. I have gone through the mediation settlement. This court considers that the parties have entered into an amicable settlement at their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. There would be no purpose of continuing with the trial.
7. In view of the above the case FIR No. 246/2021 registered at PS Kirti Nagar under Sections 498A/406/377/34 IPC and all the proceedings emanating therefrom are quashed.
8. Accordingly, the present petition stands disposed of.
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 ....
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.
Encouragement of voluntary settlements in matrimonial disputes and acceptance of such settlements by the court.
The court emphasized the significance of voluntary settlements in matrimonial disputes and applied the provisions of section 13(B) of the Hindu Marriage Act to reach its decision.
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.
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
Courts have a duty to encourage amicable settlements in matrimonial disputes.
The court can exercise its inherent powers to quash FIR and proceedings based on amicable settlement in matrimonial disputes, as established in B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D....
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
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