Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4683

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Puneet Gupta – Appellant
Versus
The State (Govt. of NCT of Delhi) & Anr. – Respondents
Cr.M.C. 4594 of 2022
Decided On : 03-05-2023

Advocates appeared:
Mr. Ranvir Singh, Advocate, for the Petitioner.
Mr. Digam Singh Dagar, APP for the State and SI Ankur Yadav, PS Jagatpuri.
Mr. A.K. Singh, Advocate for R-2 with R-2 in person.

Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.

Headnote:
498A/406/34 - Matrimonial Dispute - Hindu Marriage Act, 1955 (Section 13B(1) and 13-B(2)) - Settlement Deed - Quashing of FIR No.79/2021
Fact of the Case:

The parties got married but due to temperamental differences, the relationship deteriorated, leading to the filing of FIR No.79/2021. However, they settled the matter amicably through a MoU/Settlement Deed.
Finding of the Court:

The court found that the parties voluntarily settled the dispute without coercion and decided to quash the FIR and all consequent proceedings.
Issues: Matrimonial dispute, settlement agreement, quashing of FIR and consequent proceedings.
Ratio Decidendi: Courts should encourage amicable settlements in matrimonial disputes. Settlements entered into voluntarily without coercion should be respected.
Final Decision: The court quashed FIR No.79/2021 and disposed of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.79/2021 registered under sections 498A/406/34 at PS Jagat Puri.

2. Briefly stated facts of the case are that the parties got married on 16.02.2009 according to Hindu rites and ceremonies. There is one child namely Kumari Amishi Gupta was born out of this wedlock. Owing to temperamental differences the relationship between the petitioner no.1/husband and respondent no.2/wife deteriorated and the parties started living separately. After which the present FIR was lodged.

3. However, it is submitted that now with the intervention of common friends, relatives and well-wishers both the parties have settled the matter amicably vide MoU/Settlement Deed dated 12.11.2021 and therefore the present FIR along with all the other proceedings emanating therefrom maybe quashed.

4. The terms and conditions of the MoU/Settlement Deed are as follows:

"1. That the parties have settled all their claims with each other amicably and as per the settlement so arrived at between the parties, the petitioner No.1/Husband had to pay a sum of Rs.40,00,000/- (Ruees Forty Lakhs only) to the petitioner No.2/Wife towards present, past, future and permanent alimony including accommodation, articles etc towards her and girl child namely Baby Amishi gupta aged about 11 years, born on 14.12.2009 and she will not make any other claim towards the permanent alimony, accommodation or of any goods/articles in future from the petitioner No.1/Husband or his family qua herself as well as for girl child.

2. That it has been agreed that the settled amount as above will be paid by the Husband/Petitioner No.1 as under:

(i) Rs.30,00,000/- (Rupees Thirty lakhs only) will be paid by the Petitioner No.1/Husband in the name of girl child,"AMISHI GUPTA U/G PUSHPA GUPTA A/C NO. 50100471577251" vide D.D. No.291670 dated 25.10.2021 drawn on The Vaish Co-operative Adarsh Bank Ltd, on or before recording of first motion of divorce. Rs.10,00,000/- (Rupees ten Lakhs only) shall be paid by the Petitioner No.1/Husband to the Wife/Petitioner No.2 in the name of "PUSHPA GGUPTA A/C NO. 16202191020282"vide D.D. No. 291671 dated 25.10.2021 drawn on The Vaish Co- operative Adarsh Bank Ltd. on or before recording of first motion of divorce.

(ii) Rs. 10,00,000/- (Rupees ten Lakhs only) shall be paid by the petitioner No.1/Husband to the Wife/Petitioner No.2 in the name of "PUSHPA GUPTA A/C No. 160202191020282" vide D.D. No. 291671 dated 25.10.2021 drawn on The Vaish Co-operative Adarsh Bank Ltd. on or before recording of first motion of divorce.

3. That it is agreed between both the parties that the Wife/Petitioner No.2 also undertakes not to raise any claim of maintenance or accommodation or any other claim whatsoever in the future after receiving the total amount of Rs.40,00,000/- (Rupees Forty Lakhs only) in full and final settlement. It is submitted that dowry articles and all other claims including the stridhan etc of petitioner No.2/wife had already been settled separately between both the parties peacefully without and coercion and undue influence, misrepresentation and there is no claim left regarding the dowry articles, gold, silver and other articles and stridhan etc left after receipt of above.

4. That it had been further agreed that the girl child named "Amishi gupta" will remain in the care and custody of the mother i.e. Petitioner No.2/Wife and Petitioner No.1/Husband will never interfere in the life of petitioner No.2 and her minor child.

5. That it is agreed between the parties that the Petitioner No.2/Wife who is presently residing in her matrimonial home at H-5/12, Second Floor, Krishna Nagar, Delhi-110051 will immediately vacate the said matrimonial home with all her belongings whatsoever at the time of aforesaid agreed payment is being tendered by the petitioner No.1 to the Petitioner No.2 and thereafter she will left with no right to visit the said prope