Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4110

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Puneet Verma & Ors. – Appellants
Versus
The State (NCT of Delhi) & Anr. – Respondents
Cr.M.C. 4754 of 2022
Decided On : 08-05-2023

Advocates appeared:
Mr. Rahul Nagpal and Ms. Pooja Gupta, Advocates with Petitioners.
Mr. Raguvender Verma, APP, for the State with SI Vishwa Sharma, PS Ashok Vihar.

Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.

Headnote:
Settlement - Matrimonial Dispute - Hindu Marriage Act, 1955 - Sections 498A/406/34 IPC
Fact of the Case:

The petition was filed to quash FIR No. 503/2015 under Sections 498A/406/34 IPC, lodged by the wife against the husband. The parties had amicably settled their disputes and obtained a divorce by mutual consent.
Finding of the Court:

The court found that the parties had voluntarily settled their disputes and obtained a divorce by mutual consent. It held that continuing the complaint would serve no useful purpose and may cause prejudice to the petitioners.
Issues: The main issue was whether the settlement between the parties and the grant of divorce by mutual consent warranted the quashing of the FIR and related proceedings.
Ratio Decidendi: The court relied on previous judgments and legal principles to conclude that cases arising from matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement. It emphasized the voluntary nature of the settlement and the grant of divorce by mutual consent.
Final Decision: The court quashed FIR No. 503/2015 and all related criminal proceedings, disposing of the petition and pending applications.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No. 503/2015 dated 21.09.2015, registered at PS Ashok Vihar, Delhi, under Sections 498A/406/34 IPC. The said FIR was lodged at the instance of the respondent No. 2/wife against the petitioners herein.

2. Facts, in brief, are that the marriage between the petitioner No.1 namely Puneet Verma and respondent No.2/complainant was solemnized on 16.05.2010 as per Hindu rites and customs in Delhi. No. Two children were born out of the said wedlock, a female child, namely, Toshani and Male Child namely Arjun. Thereafter owing to temperamental differences, both the parties are residing separately since 27.11.2014. Subsequently, respondent no.2/complainant lodged a complaint against the petitioners in the Crime Against Women Cell, Delhi and FIR No. 503/2015 dated 15.01.2021, registered at PS Ashok Vihar, Delhi, under Sections 498A/406/34 IPC against the petitioners. It has been submitted that the matter is pending adjudication before the Learned MM, Mahila Court, Northwest, Rohini Delhi.

3. Learned counsel submits that while the proceedings were underway, with the intervention of family members and well-wishers, the matrimonial dispute, and differences between the parties was amicably settled. Attention has been drawn to the Compromise/settlement deed dated 22.08.2019 on the following terms and conditions:

1) The complainant/wife and accused/husband shall get dissolved their marriage by a decree of divorce by mutual consent without leveling allegations and counter-allegations against each other in accordance with law before the Court of competent jurisdiction at Delhi.

2) The accused/husband shall pay a total sum of Rs.12,00,000/- (Rupees Twelve Lacs Only) to the complainant/wife in full and final settlement towards all claims of the complainant/wife & children past, present and future arising out of the marriage with accused/husband which shall include their permanent alimony, stridhan, maintenance (past, present & future), property and all other miscellaneous expenses including maintenance of both the minor children.

3) The settlement amount of Rs.12,00,000/- (Rupees Twelve Lacs Only) shall be paid by the accused/husband to the complainant/wife, in the following manner:

i) A sum of Rs.4,00,000/- (Rupees Four Lacs Only) at the time of recording of statement in First Motion Petition U/s 18B(1) of Hindu Marriage Act, 1955 which shall be filed by the parties jointly on or before 05.09.2019.

ii) A sum of.4,00,000/- (Rupees Four Lacs Only) at the time of recording of statement in Second Motion Petition U/s 13B(2) of Hindu Marriage Act, 1955 which shall be filed by the parties jointly in accordance with law.

iii) Remaining amount off Rs.4,00,000/- (Rupees Four Lacs Only) shall be paid before Hon'ble High Court of Delhi at the time of quashing of FIR No.503/15, under Section 498A/406/34 IPC, P.S. Ashok Vihar, State Vs. Puneet & Ors.. Against accused/husband and his family members, which shall be filed by the accused persons within two months of passing of decree of divorce by mutual consent in the second motion petition. It is agreed that out of the aforesaid amount, the accused/husband shall pay a sum of Rs.2,00,000/- by way of two FDRs of Rs.1,00,000/- each in the name of minor daughter Toshani and son Arjun under guardianship of the complainant/wife for the period of three years for welfare of children. It is further agreed that the complainant/wife shall cooperate in quashing of aforesaid FIR and shall appear and make necessary statement/affidavit/NOC before the Hon'ble High Court of Delhi in this regard.

4) Both the minor children i.e., daughter Toshani and son Arjun shall remain in the care and permanent custody of the complainant/wife and the accused/husband his family members shall not claim either the custody or any visitation/meeting rights of both the children from the complainant/wife in future in any manner.

5) It is settled that the complain