Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4659

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Himanshu Chauhan & Ors. – Appellants
Versus
The State & Anr. – Respondents
Crl.M.C. 6358 of 2022
Decided On : 04-05-2023

Advocates appeared:
Mr. Varun Kashyap, Advocate, for the Petitioner.
Mr. Hemant Mehla, APP, for the State with Mr. Dipanshu Meena, Advocate with SI Prabhakaran, PS Dabri.
Mr. Gaurav Kumar and Mr. Vikas Kumar, Advocates, for R-2.

Courts should encourage amicable settlements in matrimonial disputes and may exercise inherent power to quash proceedings under Section 482 Cr.P.C.

Headnote:
Section 482 Cr.P.C - Quashing of FIR - Settlement Deed - HMA 13-B(i) - DV Act - Section 125 Cr.P.C
Fact of the Case:

The petitioner filed a petition seeking quashing of FIR registered under sections 498A/406/34 IPC, as the parties had amicably settled the matter through a Settlement Deed. The settlement included seeking divorce by mutual consent, payment of a sum towards settlement of claims, and withdrawal of present complaint cases under DV Act and Section 125 Cr.P.C.
Finding of the Court:

The court found that the parties had voluntarily settled the matrimonial dispute without fear, force, or coercion, and decided to quash the proceedings as it served no purpose to continue with the trial.
Issues: The main issue was whether the court should exercise its inherent power under Section 482 Cr.P.C to quash the proceedings in a matrimonial dispute that had been amicably settled by the parties.
Ratio Decidendi: The court relied on the legal principle that in matrimonial disputes, if the parties have settled the matter amicably, it is the duty of the courts to encourage the same, citing precedents such as B.S. Joshi v. State of Haryana and Yashpal Chaudhrani v. State (Govt. of NCT Delhi).
Final Decision: The court quashed the FIR and all consequent proceedings arising therefrom, disposing 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. 132/2020 registered under sections 498A/406/34 IPC at PS Dabri.

2. Briefly stated facts of the case are that the Petitioner no.1/husband and Respondent no.2/wife got married on 30.11.2016 according to Hindu rites and ceremonies. That thereafter, some disputes arose between the parties and consequently respondent no.2 filed a complaint and the present FIR was lodged.

3. However, it is submitted that now, the parties have amicably settled the matter before the Media Centre, Dwarka Courts, New Delhi, vide Settlement Deed dated 24.03.2021.

4. The terms and conditions of the settlement deed dated 24.03.2021 are as follows:

(a) It has been agreed between the complainant/wife Ms. Shikha and respondent/husband Sh. Himanshu that they shall seek divorce by mutual consent and co-operate with each other in moving first motion and second motion before the court.

(b) It has been agreed between the parties that respondent/husband will pay total sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) in three instalments towards full and final settlement of all her claims regarding dowry, Istridhan and permanent alimony and maintenance (past, present and future).

(c) That the respondent husband has agreed to pay first instalment in a sum of Rs.3,00,000/- (Rupees Three Lakhs) to the complainant/wife at the time of first motion petition under Section 13-B(i) of HMA which shall be filled jointly by the parties on or before 30.04.2021.

(d). That it has been agreed that respondent/husband shall pay second instalment in a sum of Rs.3.5 lakhs (Rupees Three Lakhs Filty Thousand Only) to the complainant/wife at the time of second motion under Section 13-(B)(I) of HMA which shall be filed within 15 days after the expiry of statutory period of six months.

(e) That it has been agreed that last and third payment of Rs.3.5 lakhs (Rupees Three Lakhs Fifty Thousand Only) will be paid by respondent/husband to the complainant/wife at the time quashing of FIR before the Hon'ble Delhi High Court which shall be filed by the parties within two months of passing of the decree of divorce.

(f) That It has been agreed that both the parties will cooperate with each other In quashing proceedings before the Hon'ble Delhi High court and other legal proceedings, if any, in respect of this marriage.

(g) That it has been agreed that complainant/wife shall withdraw the present complaint case under Section 12 of DV Act and under Section 125 Cr. PC as mentioned above respective courts on their respective next date of hearing and after receiving the first Installment.

5. It is submitted that pursuant to the terms of the Settlement Deed the parties have already been granted divorce vide decree of divorce dated 11.04.2022 in HMA No.888/2022. However, it is submitted that the decree of divorce is not on record. Let the same be brought on record.

6. The respondent is to be paid a sum of Rupees 10,00,000/- (Rupees Ten Lakhs) towards full and final settlement of all her claims regarding dowry, istridhan and permanent alimony and maintenance. Out of the said amount the respondent has been paid a sum of Rupees 6,50,000/- (Rupees Six Lakhs Fifty Thousand) and the Remaining sum of Rs.3,50,000/- has been received by way of a Demand Draft bearing No.518636 dated 14.02.2023 drawn on Bank of India.

7. The decree of divorce has been granted vide order dated 11.04.2022 and HMA No. 888/2022 titled as Himanshu Chauhan v. Shikha, the same is not record.

8. Let it be brought on record.

9. Respondent No.2 is present and states that she has entered into the settlement voluntarily out of her own free will.

10. IO has duly identified the parties.

11. Section 482 CrPC acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement invoke the inherent power

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