Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4107

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Rajesh Kumar Sharma & Ors. – Appellants
Versus
The State (N. C. T. of Delhi) & Anr. – Respondents
Cr.M.C. 541 of 2022
Decided On : 09-05-2023

Advocates appeared:
Mr. Subodh Kumar, Advocate, for the Petitioner.
Mr. Hemant Mehla, APP, for the State with SI Sudhir Dahiya, PS Aman Vihar.

In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.

Headnote:
Quashing - Matrimonial Dispute - Sections 489A/406/34 IPC - Settlement between parties - Quashing of FIR and all proceedings
Fact of the Case:

The petition was filed seeking quashing of a case FIR registered under sections 489A/406/34 IPC at PS Aman Vihar. The parties had entered into a settlement for dissolution of marriage by mutual consent and payment of settlement amount.
Finding of the Court:

The court found that the parties had amicably settled their disputes, obtained mutual divorce, and the complainant no longer wished to pursue the present complaint. The court considered the settlement and the granting of divorce as valid grounds for quashing the FIR and all proceedings.
Issues: The main issue was whether the settlement and mutual divorce between the parties provided valid grounds for quashing the FIR and all proceedings.
Ratio Decidendi: The court held that in matrimonial matters, if the parties have arrived at a genuine settlement and obtained mutual divorce, the cases should be put to quietus. The court relied on previous judgments to support its decision.
Final Decision: The court quashed the case FIR and all proceedings emanating therefrom, considering the totality of facts and circumstances and the submissions of the complainant.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. PC seeking quashing of case FIR No. 1224/18 dated 08.12.2018 registered under sections 489A/406/34 IPC at PS Aman Vihar. The said FIR was lodged on the complaint of respondent No.2/wife against the petitioners herein.

2. Facts in brief are that the marriage between petitioner No. 1/husband and respondent No. 2/complainant - wife was solemnized on 22.11.2009 as per Hindu rites and customs at Delhi. No child was born out of the wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 28.05.2013. Consequently, respondent No. 2/complainant filed a complaint before CAW Cell, Pitampura, Delhi which culminated into the present case against the petitioners herein. Chargesheet is stated to have been filed and the matter is pending adjudication before the learned MM, Rohini Courts, Delhi.

3. While the proceedings were underway, the parties entered into a settlement on 22.03.2022 before the Delhi Mediation Centre, Rohini Districts, Courts, Delhi on the following terms and conditions:

"1) It is mutually settled between the parties that complainant and respondent/husband shall get dissolved their marriage 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) It is settled that the respondent/husband shall pay a total sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only) to the complainant as full and final settlement qua all her claims (past, present and future) arising out of the marriage with respondent/husband which shall include permanent alimony, Istridhan, dowry articles, maintenance all other miscellaneous expenses.

3) The settlement amount of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand Only) shall be paid by way of cash/DD/RTGS/NEFT or any other electronic mode by the respondent/husband to the complainant, as follows:

i) A sum of Rs.1,00,000/- (Rupees One Lakh only) at the time of recording of statement in First Motion Petition U/s.13(B)(1) of Hindu Marriage Act which shall be filed by the parties jointly on or before 30.03.2022.

ii) A sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) shall be given at the time of recording of statement in second motion U/s. 13(B)(2; of Hindu Marriage Act which shall be filed by the parties jointly at the earliest possible after seeking permission from the court concerned or as per law.

iii) Balance amount of Rs.1,00,000/- (Rupees One Lakh Only) at the time of recording of statement in quashing petition in the FIR No. 1224/18 PS Aman Vihar U/s 498A/406/506/34, which shall be filed by the respondent within two months after completion of Second Motion and the complainant shall co-operate in all respect in quashing of the same.

4) It is further settled between the parties that the present case shall be withdrawn by the complainant on date fixed as well as all other known or unknown connected matters.

5) Both the parties also undertake not to interfere in the life of each other in future.

6) After compliance of terms of this settlement, there shall remain no complaint/case/claim/dispute due between the parties and that none of the parties shall file any civil or criminal proceedings against each other in future qua the same cause of action and that if any other case/petition/complaint etc. between the parties is pending in any Court or Authority either against the parties or against their respective family members. The same shall be withdrawn/got disposed of by the respective party."

4. Ld. Counsel submits that in terms of the above settlement, the parties no longer have any grievance remaining against each other. In terms of settlement, the parties have also been granted divorce by mutual consent vide judgement dated 05.08.2022 of the Ld. Principal Judge, Family Courts, Rohini Courts, Delhi. It has been submitted tha

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