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2023 Supreme(Del) 2562

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Mohit Dhawan & Ors. – Appellants
Versus
The State & Anr. – Respondents
Cr.M.C. 6195 of 2022
Decided On : 23-02-2023

Advocates appeared:
Mr. Raj Kumar, Advocate, for the Petitioners alongwith Petitioner.
Mr. Digam Singh Dagar, APP for the State with SI Pushpendra Pandey, PS Jagatpuri, Delhi.
Mr. Kavita Nailwal, Advocate for complainant along with Respondent-2 in person.

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.

Headnote:

FIR Quashing - Matrimonial Dispute - Hindu Marriage Act, Section 13-B - Section 125 Cr.PC - Protection of Women from Domestic Violence Act - Prohibition of Dowry Act - Section 482 Cr.PC

Fact of the Case:

The petitioner seeks quashing of FIR 363/2018 registered under sections 498A/406/34 IPC. The parties got married, had temperamental differences, and started living separately. They reached a settlement for dissolution of marriage, maintenance, custody of the child, and quashing of the FIR.

Finding of the Court:

The court found that the parties reached an amicable settlement and granted a mutual divorce. It considered the settlement and the voluntary nature of the agreement, leading to the quashing of the FIR and all related proceedings.

Issues: The issues involved the settlement of matrimonial disputes, maintenance, custody, and quashing of the FIR under various legal provisions.

Ratio Decidendi: The court relied on the Hindu Marriage Act, Section 13-B, Section 125 Cr.PC, Protection of Women from Domestic Violence Act, Prohibition of Dowry Act, and Section 482 Cr.PC to facilitate the amicable settlement and quashing of the FIR.

Final Decision: The court quashed the FIR 363/2018 and disposed of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of FIR 363/2018 registered at PS Jagat Puri under sections 498A/406/34 IPC.

2. Briefly stated facts of the case are that the above-mentioned FIR was lodged on the statement of Respondent No.2/complainant. The parties got married on 18.01.2017 according to Hindu rites and ceremonies. Temperamental differences arose and the parties started living separately since 22.09.2017. It is pertinent to mention here that there is one male child namely Jagrat Yadav @ Aditya Yadav, born out of this wedlock, on 06.05.2018. He is in care and custody of Respondent No.2 Chargesheet in this case has also been filed.

3. Learned Counsel for the petitioner submits that during the pendency of proceedings the matter was referred before Delhi Mediation Centre, KKD, Delhi where both the parties amicably settled the matter between them, vide settlement deed dated 20.04.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.8,00,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. The terms and conditions of the settlement are as follows:

    "1. It is agreed by both the parties that there is no possibility pf reunion of the petitioner and the respondent No.1 due to irreconcilable differences. Accordingly, they have decided to separate their ways and go for dissolution of their marriage by mutual consent in accordance with law as provided under Section 13-B of Hindu Marriage Act.

    2. It is also agreed between the parties that the parties shall file joint petition under section 13B(1) of Hindu Marriage Act for dissolution of marriage by a decree of divorce by mutual consent within a fortnight from the date of present settlement.

    3. It is further agreed between the parties that within 15 days after expiry of statutory period of six months from the date of passing of the order in the first motion petition under section 13B (1) of the Hindu Marriage Act by mutual consent, the parties shall file the second motion petition under section 13(2) of Hindu Marriage Act. However, the parties are at liberty to move appropriate application for waiver of mandatory period of six months, if they so desire.

    4. It is further agreed that after allowing of the first motion petition under section 13B (1) of the Hindu Marriage Act, the wife shall withdraw-

    1. Maintenance Petition bearing No.123/2019 under Section 125 Cr.PC filed by petitioner (on behalf of minor son Aditya) against the respondent no.1 for grant of maintenance to the minor son as also connected execution petition No.104/2021, both pending in the Court of Ms.Sarita Birbal, learned Principal Judge Family Courts, Shahdara, KKD Courts, Delhi.

    2. Petition no.2298/2018 under Section 12 of the Protection of Women from Domestic Violence Act filed by the petitioner against the respondents which is pending in the Court of Ms. Deepti Devesh, learned MM, Shahdara, KKD Courts, Delhi on the date fixed before the courts concerned by making appropriate statement.

    5. It is further agreed between the parties that the husband shall pay a total sum of Rs.8,00,000/- to the wife out of which Rs.7,00,000/- (Rs.Seven lacs only) shall be paid to the wife towards full and final settlement for her maintenance (past, present and future) permanent alimony, istridhan, dowry articles, jewellery etc while Rs.1,00,000/- (Rs.One lacs only) shall be paid in the form of FDR in the name of the minor child Aditya under the guardianship of the wife which shall be payable on the child attaining the age of majority i.e. 18 years and the parties have understood that this amount of Rs.one lac is no way to be construed as maintenance towards the minor child.

    6. It is agreed between the parties that the husband shall pay the above-said settled amount to the wife as per the following schedule:

    i.) Rs.2,50,000/- (Rs.Two lacs and fifty thousand only) shall be paid by the husband to the wife in

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