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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kapil Nehra & Ors. – Appellants
Versus
The State (NCT of Delhi) & Anr. – Respondents
W.P.(Cr) 1028 of 2023
Decided On : 27-04-2023
Quashing of FIR - Matrimonial Dispute - Section 406/498A/34 IPC - HMA 13-B(1) - HMA 13-B(2)
Fact of the Case:
The petitioner sought quashing of a case FIR No. 411/2020 under Section 406/498A/34 IPC registered at P.S. Sector 23 Dwarka, arising from matrimonial differences. The parties had amicably settled their disputes and filed a petition for divorce by mutual consent, which was granted.
Finding of the Court:
The court considered the amicable settlement between the parties and the affidavit of respondent no. 2, confirming no objection to quashing the FIR. It held that continuing with the trial would serve no purpose and quashed the FIR and all proceedings emanating therefrom.
Issues: Quashing of FIR in matrimonial dispute, amicable settlement between parties, continuation of trial
Ratio Decidendi: Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes. The court considered the parties' settlement out of their own free will and without coercion, and the lack of objection from respondent no. 2 to quashing the FIR.
Final Decision: FIR No. 411/2020 under Section 406/498A/34 IPC registered at P.S. Sector 23 Dwarka and all proceedings emanating therefrom are quashed.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 9596/2023
Exemption allowed subject to just exceptions.
W.P.(CRL) 1028/2023
1. The present petition filed seeking quashing of case FIR No. 411/2020 under Section 406/498A/34 IPC registered at P.S. Sector 23 Dwarka.
2. Brief facts of the case are that marriage between petitioner No.1 and respondent No.2 was solemnized on 07.05.2014according to Hindu rites and customs. However, due to some temperamental differences and non-compatibility petitioner No.1 and respondent No.2 were not able to continue their matrimonial relationship and thereafter from 16.09.2019 both parties started residing separately from each other. Thereafter, respondent No.2 filed a complaint before the CAW Cell,Sector-9, Dwarka, New Delhi against the petitioners which was later on converted into an FIR No.411/2020 dated 12.10.2022 U/s 406/498A/34IPC in P.S. Sector 23 Dwarka. No child was born out of the said wedlock.
3. Learned Counsel for the petitioner submits that during the pendency of the proceedings, the parties have amicably settled their disputes. He submits that the parties have entered into a Mediation settlement dated 26.04.2022 before the Mediation Centre, Dwarka Courts on the following terms and conditions:
a) The petitioner/wife and the respondent/husband shall seek divorce by mutual consent.
b) The respondent/husband shall pay a sum of Rs.20,00,000/- (Rupees twenty lacs only) to the petitioner/wife towards full and final settlement of all her claims regarding permanent alimony, stridhan and maintenance (past, present and future).
c) The settled sum of Rs.20,00,000/- (Rupees twenty lacs only) shall be paid by the respondent/husband to the complainant/wife in three instalments by way of demand draft, as under:
(i) First instalment of Rs.7,00,000/- (Rupees seven lacs only) shall be paid by the respondent/husband to the petitioner/wife at the time of recording of their joint statement in the first motion petition u/s.13-B(1) of HMA, which shall be jointly filed by them on or before 30.05.2022.
(ii) Second installment of Rs.7,00,000/- `Rupees seven lacs only) shall be paid by the respondent/husband to the petitioner/wife at the time of recording of their joint statement in the second motion petition u/s.13-B(2) of HMA. Both the parties shall move second motion petition for divorce within fifteen days of expiry of the minimum statutory period or any time sooner as per law.
(iii) Third installment of Rs.6,00,000/- (Rupees six lacs only) shall be paid by the respondent/husband to the petitioner/wife at the time of quashing of FIR No. 411/20, u/s 498A/406/34 IPC PS Sector 23, before the Hon'ble High Court of Delhi. The respondent/husband shall move appropriate petition for quashing of abovesaid FIR before the Hon'ble High Court of Delhi which shall be filed within one month from the date of decree of divorce. The petitioner/wife undertakes to appear before the Hon'ble High Court of Delhi and cooperate in the said proceedings.
6. The petitioner/wife shall withdraw the present case as well as abovementioned connected cases at Senior no. 1 and 2 before the Court, within a week after recording of statement in the second motion petition u/s.13-B(2) of HMA.
7. Both parties shall withdraw any other complaint/petition etc filed by them against other party before any authority, forum etc within 30 days of decree of divorce.
8. It is further agreed between the complainant/wife and the respondent/husband that they would not file any casa in future against each other and/or their respective family members in connection with this marriage, Both the parties will not be left with any grievance against each other as well as their respective families.
9. Both the parties shall make appropriate statements before the concerned courts and shall cooperate with each other in all the legal proceedings, so as to give effect to this settlement.
10. In case any party does not abide by the terms and conditions of this settlement, the other part
Cases arising from matrimonial differences should be put to a quietus if the parties have amicably resolved their disputes.
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 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 to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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....
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
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.
Courts have a duty to encourage amicable settlements in matrimonial disputes.
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