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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Swapnil Kamble & Ors. – Appellants
Versus
State & Anr. – Respondents
Cr.M.C. 6621 of 2022
Decided On : 02-05-2023
Quashing of FIR - Matrimonial Dispute - Sections 498A/406/34 IPC - Supreme Court's observations in Gian Singh v. State of Punjab and Jasmair Singh and Another vs. State of Haryana and Another
Fact of the Case:
The petition seeks quashing of FIR No. 530/2022 registered under Sections 498A/406/34 IPC. The parties had amicably settled and compromised all disputes, with the terms recorded in a Memorandum of Understanding/settlement deed.
Finding of the Court:
The court observed that since the parties had settled and complied with the terms, and the respondent had no objection to quashing the FIR, it was appropriate to quash the FIR and dispose of the petition.
Issues: The main issue was whether the FIR should be quashed in a matrimonial dispute where the parties had amicably settled and complied with the terms.
Ratio Decidendi: The court relied on the Supreme Court's observations in Gian Singh v. State of Punjab and Jasmair Singh and Another vs. State of Haryana and Another, encouraging the quashing of FIRs in matrimonial disputes when a compromise has been achieved.
Final Decision: FIR No. 530/2022 registered at PS Dabri, Delhi under Sections 498A/406/34IPC and all proceedings emanating therefrom were quashed, and the petition along with the pending application was disposed of.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 530/2022 registered at PS Dabri, Delhi under Sections 498A/406/34 IPC.
2. Brief facts of the case are that the marriage between Petitioner no. 1 and respondent no. 2 was solemnised on 04.07.2015 according to Buddhist rites and customs. After their marriage, the parties started living separately from 09.11.2020 due to serious differences and temperamental incompatibility. The present FIR was lodged on the statement of respondent no. 2/complainant.
3. Learned Counsel for the petitioners submits that during the pendency of the proceedings, the parties have amicably settled and compromised all the disputes between them in respect of FIR under reference. He also states that the terms of the settlement between the parties have been duly recorded in the Memorandum of Understanding/settlement deed dated 19.09.2022 with the following terms and conditions:
"1. That the SECOND PARTY shall, pay an amount of Rs.3,00,000/- [Rupees three lakh only] to the FIRST PARTY in the name of JAGRUTI SWAPNIL KAMBLE, Demand vide Draft No. 501995 drawn on State Bank of India, Branch, Sector 12, Noida, dated: 16/09/2022 out of the total consideration of Rs.15,50,000/- [Rupees Fifteen Lakh fifty thousand only] towards the first part of the full and final settlement inclusive of all payments towards ad interim maintenance, interim maintenance, or any other maintenance, fines, penalty, alimony, expenses etc., past, present or future ordered or may be ordered by any Court, authority etc. and inclusive of any other expense payable to the FIRST PARTY by the SECOND PARTY or his family members that are not enlisted herein, upon the FIRST PARTY having finally withdrawn the Complaint filed by the FIRST PARTY before the Dwarka court under section 12 of DV Act titled "Jagruti Swapnil Kamble Vs. Swapnil Kamble", (MC 169/2021).
The said amount of Rs.3,00,000/- [Rupees Three Lakhs only] shall be handed over by the SECOND PARTY through his legal representative/advocate to the Advocate of the FIRST PARTY before the Ld. Magistrate in Case No. MC 169/2021only after the proceedings of withdrawal of Case No. MC 169/2021 are completed.
2. That the Second party shall, pay an amount of Rs.2,50,000/- [Rupees two lakh fifty thousand only] to the FIRST PARTY vide Demand Draft out of the total consideration of Rs.15,50,000/- [Rupees Fifteen Lakh fifty thousand only] towards the second part of the full and final settlement inclusive of all payments towards ad interim maintenance, interim maintenance, or any other maintenance, fines, penalty, alimony, expenses etc., past, present or future ordered or may be ordered by any Court, authority etc. and inclusive of any other expense payable to the FIRST PARTY by the SECOND PARTY or his family members that are not enlisted herein, upon the FIRST PARTY having finally withdrawal legal proceedings filed by the FIRST PARTY against the SECOND PARTY, at the expense of the FIRST PARTY, including those listed below as well as any other complaint, claim, demand etc. filed by the FIRST PARTY against the SECOND PARTY and/or the parents or relatives of the SECOND PARTY, that the SECOND PARTY may not be aware of.--
i. Complaint filed before CAW Cell - Dwarka, New Delhi.
ii. Police complaint before Pardi police station Nagpur, Maharashtra Dated 21.12.2020.
iii. Complaint filed before CAW Cell - Kirti Nagar, New Delhi
iv. If any FIR has been registered against the SECOND PARTY or the family members of the SECOND PARTY for offences under section 498A IPC etc., upon the complaint of the FIRST PARTY or her family members, the FIRST PARTY shall take all steps required to and shall cooperate with the SECOND PARTY to quash any such FIR.
The Demand draft for the amount of Rs.2,50,000/- [Rupees two lakh fifty thousand only] shall be handed over by the SECOND PARTY to the FIRST PARTY only upon the SECOND PARTY having received the proof of with
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