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2023 Supreme(Del) 836
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Vijay Chhedwal & Anr. – Appellants
Versus
State NCT of Delhi Through App & Anr. – Respondents
Cr.M.C. 3942 of 2022, Cr.M.A. 16345 of 2022
Decided On : 15-03-2023
Mr.Vaibhav Bhadana and Mr.Hritwik Chaudhary, Advocates, for the Petitioners.
Mr. Amit Sahni, APP, for the State with SI Tej Ram, PS Uttam Nagar.
Mr. S.K. Pathak, Advocate, for the Respondent-2.
Courts have a duty to encourage amicable settlements in matrimonial disputes, and voluntary settlements without fear, force, or coercion should be given due consideration.
Headnote:
498A IPC - Matrimonial Dispute - Hindu Marriage Act, 1955, Section 13-B(1), Section 13-B(2) - The court quashed FIR No.0862/2016 under Section 498-A IPC at PS Uttam Nagar and all related proceedings based on the settlement reached between the parties. The settlement included mutual consent for divorce, payment of settlement amount, and withdrawal of cases.
Fact of the Case:
The petition was filed to quash FIR No.0862/2016 under Section 498A IPC at PS Uttam Nagar. The parties had entered into a settlement for mutual divorce and payment of settlement amount.
Finding of the Court:
The court found that the parties had voluntarily entered into a settlement without fear, force, or coercion, and decided to quash the FIR and related proceedings.
Issues: The main issue was whether the court should quash the FIR and related proceedings based on the settlement reached between the parties.
Ratio Decidendi: The court relied on previous judgments emphasizing the duty of courts to encourage amicable settlements in matrimonial disputes. It considered the voluntary nature of the settlement and the dissolution of marriage under Section 13-B(2) of the Hindu Marriage Act, 1955.
Final Decision: The court quashed FIR No.0862/2016 under Section 498-A IPC at PS Uttam Nagar and disposed of the petition and pending application.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed for quashing of FIR No.0862/2016 registered under Section 498A IPC at PS Uttam Nagar.
2. Briefly stated facts of the case are that the present FIR has been lodged on the statement of Meenakshi/respondent no.2 wherein it was alleged that since beginning of her marriage, the behaviour of her husband was not cordial and he was demanding dowry. The allegations have further been made against the mother-in-law, father-in-law and brother-in-law. The allegations regarding physical and mental torture have also been made. However, now the parties have entered into a settlement before the mediation centre, Dwarka vide settlement dated 31.10.2019 on the following terms and conditions:
"1. That all the abovesaid parties have settled all their claims/disputes with regard to the present case as well as above-mentioned connected cases and marriage between complainant/wife and respondent/husband. It has been agreed between them that the respondent/husband and complainant/wife shall seek divorce by mutual consent.
2. That the respondent/husband has agreed to pay a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only), towards full and final settlement of all claims of complainant/wife (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.1,50,000/- (Rupees one lakh thousand only) shall be paid by the respondent/husband to the complainant/wife in three instalments by way of cash/DD, as per the following schedule:
(i) First installment of Rs,50,000/- shall be paid at the time of recording of statement in first motion petition for divorce by mutual consent u/s 13-B(1) of the Hindu Marriage Act, 1955, which shall be filed within one month from today.
(ii) Second installment of Rs, 50,000/- shall be paid at the time of recording of statement in second motion petition for divorce by mutual consent u/s 13-B(2) of the Hindu Marriage Act, 1955, which shall be filed within one month after expiry of minimum statutory period of first motion U/s.13-B(1) of the Hindu Marriage Act, 1955, as per law.
(iii) Third/last installment of Rs.50,000/- shall be made at the time of quashing of FIR No. 862/16, Under sections 406/498A/34 IPC, PS Uttam Nagar, New Delhi, before the Hon'ble High court of Delhi.
4. It has been agreed between the parties that the petition for quashing of FIR shall be filed by the respondents within two weeks of passing of decree of divorce and the complainant/wife shall cooperate in the said proceedings.
5. That in terms of this settlement, complainant/wife agrees to withdraw the above-mentioned connected case under HMA, before filing of first motion petition for divorce by mutual consent u/s. 13-B(1) of the Hindu Marriage Act, 1955.
6. That the complainant/wife shall withdraw the present case from the Hon'ble Referral Court as well as above-mentioned connected cases mentioned at sl.no.2 & 3 from the Hon'ble Concerned Court, within one week of recording of statement in second motion petition for divorce by mutual consent u/s 13-B(2) of the Hindu Marriage Act, 1955, subject to fulfillment of terms and conditions of this settlement.
7. 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 legal proceedings.
8. It has been agreed between the parties hereto that they shall not file any claim/case against each other or family members related to marriage between complainant/wife and respondent/husband.
9. That the parties hereto shall bear their respective cost of litigation.
10. By signing this settlement, the parties hereto state that they have no further claims or demands against each other with respect to present case as well as above-mentioned connected cases and marriage between complainant/wife and respondent/husband and all the disputes and differences in this
