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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Manoj Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
Cr.M.C. 2969 of 2023
Decided On : 27-04-2023
Settlement Agreement - Matrimonial Dispute - The court quashed the FIR and consequent proceedings under Section 498A/406/34 of IPC as the parties had amicably settled the matrimonial dispute, and it was the duty of the court to encourage such settlements.
Fact of the Case:
The parties got married in 2014, had a child, and were involved in a matrimonial dispute resulting in a FIR being registered. However, they later settled the dispute and submitted a settlement deed to the court.
Finding of the Court:
The court found that the parties had settled the matter amicably and voluntarily, without any fear, force, or coercion, and decided to quash the FIR and all consequent proceedings.
Issues: The issue was whether the court should encourage the settlement of matrimonial disputes and quash the FIR and consequent proceedings when the parties have amicably settled the matter.
Ratio Decidendi: The court relied on the principle established by the Apex Court that in matrimonial disputes, if the parties have settled the matter between themselves amicably, it is the duty of the courts to encourage the same.
Final Decision: The court quashed the case FIR No.156/2021 under Section 498A/406/34 of IPC and all consequent proceedings arising therefrom, as the parties had amicably settled the matrimonial dispute.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 11145/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 2969/2023
1. The present petition filed seeking quashing of case FIR No.156/2021 under Section 498A/406/34 of IPC registered at PS Jaffarpur. Briefly stated facts of the case are that the parties got married on 03.11.2014. There is one girl child born out of this wedlock on 25.08.2015. It is submitted the present FIR was a result of temperamental differences.
2. Learned counsel for the petitioner submits that however, now the parties are living happily with each other since 08.11.2022 and the settlement deed dated 10.03.2023 has also been placed on record.
3. The terms of the settlement deed are as under:
"1. Agreed between the parties that the parties have been living together at flat no. 51, 1st floor, Rohini Sector-22, New Delhi-110086, w.e.f. 09/09/2022 along with their daughter Krite aged 7 1/2, years.
2. Agreed between the parties that the respondent/husband shall bear all the household expenses including the expenses of the wife and the daughter.
3. Agreed between the parties that the wife i petitioner shall withdraw her case of domestic violence and Divorce pending at district and Family court Dwarka do lies of this settlement/agreement.
4. It is also agreed between the parties that the parties shall approach the Hon'ble High Court of Delhi for quashing the matter U/S 4984/406134 IPC bearing FIR no. 156121 after one month of happily living together."
4. Respondent states that she is making the statement voluntarily.
5. IO has duly verified both the parties.
6. It has repeatedly been held by the Apex Court that in the matrimonial disputes, if the parties have settled the matter between themselves amicably, it is the duty of Courts to encourage the same. Reliance can be placed on B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.
7. I consider that there would be no purpose of continuing with the trial as the parties have entered into the settlement voluntarily without any fear, force and coercion, and have decided to give quietus to the proceedings. It was a matrimonial dispute which has been amicably settled and thus the parties must be given a chance to live together peacefully.
8. In view of the submissions made above, the case FIR No.156/2021 under Section 498A/406/34 of IPC registered at PS Jaffarpur and all the consequent proceedings arising therefrom are quashed.
9. In view of the above, the present petition is disposed of.
Courts should encourage the amicable settlement of matrimonial disputes and have the discretion to quash proceedings when parties have settled the matter voluntarily.
The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement....
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.
The court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
The court can exercise inherent powers to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, especially in cases of matrimoni....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
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 court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, particularly in cases of matrimonial differences where parties have reached an amicable settle....
The court emphasized the importance of amicable settlements in matrimonial disputes and exercised its inherent powers to quash the FIR and proceedings.
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
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