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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sh Ashish Chhabra & Ors. – Appellants
Versus
The State & Anr. – Respondents
Cr.M.C. 3341 of 2023
Decided On : 10-05-2023
498A/406/34 IPC - Matrimonial Disputes - B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179 - The court quashed the FIR and all proceedings emanating therefrom as the parties had amicably settled their disputes and were living together, citing the settled law that in matrimonial matters, if the parties have arrived upon a genuine settlement and there is a bleak chance of conviction, it is better to put a quietus to the dispute to prevent the abuse of the process of the Court and to secure the ends of justice.
Fact of the Case:
The petitioner sought quashing of a case FIR registered under Sections 498A/406/34 IPC at PS Tilak Nagar, West Delhi, filed by the respondent/wife. The parties had amicably settled their disputes and were living together, and the respondent did not wish to pursue the complaint.
Finding of the Court:
The court found that the parties had amicably settled their disputes and were living together, and the respondent did not wish to pursue the complaint. It held that continuing with the FIR would serve no purpose and may cause prejudice to the petitioner, and therefore quashed the FIR and all proceedings emanating therefrom.
Issues: The main issue was whether the FIR and subsequent proceedings should be quashed given the amicable settlement between the parties.
Ratio Decidendi: The court relied on the settled law that in matrimonial matters, if the parties have arrived upon a genuine settlement and there is a bleak chance of conviction, it is better to put a quietus to the dispute to prevent the abuse of the process of the Court and to secure the ends of justice.
Final Decision: The court quashed the case FIR and all proceedings emanating therefrom, as the parties had amicably settled their disputes and were living together.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 12538/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 3341/2023
1. The present petition has been filed seeking quashing of case FIR No. 330/13 dated 27.06.2013 registered under Sections 498A/406/34 IPC at PS Tilak Nagar, West Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.
2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 09.11.2008 as per Hindu rites and customs at Delhi. One child namely Suryansh was born out of the wedlock. Thereafter owing to temperamental differences the parties started residing separately from 2013. Subsequently, respondent no. 2/complainant filed a complaint before CAW Cell, West which culminated into the present FIR against the petitioners herein. Charge-sheet has been filed and the matter is pending adjudication before the Learned Trial Court.
3. It has been submitted that besides the present FIR, several other litigations erupted between the parties including a Guardianship petition filed by the petitioner No.1 and a divorce petition filed by the respondent No.2. Learned counsel for the petitioners submits that while the proceedings were underway, with the intervention of family members and well-wishers, the parties arrived at an amicable settlement before the Delhi Mediation Centre, THC, Delhi on 21.04.2022 on the following terms and conditions:
"1. That it is agreed/stated by the parties that the parties with their child are living together since two months ago at H-No. 2/7, first floor, Ashok Nagar, Delhi-18 (at one room) and shall continue to live together with their child.
2. That it is agreed between the parties that in case, in future any litigation shall be continued between the parties with regard to the custody of the minor child Suryansh, then the custody of the master Suryansh shall be decided by the Court.
3. That it is agreed between the parties that the all the belongings of the parties are/is in their respective custody. It is further agreed that both the parties shall not claim any precious articles from each other at any time in future.
4. That it is agreed between the parties that the respondent/husband shall treat the complainant and their child. It is also agreed that respondent/husband shall not to fight/shout upon the complainant & their child.
5. That the parties are living peaceful without interfering in the life of each other & all the relatives/in laws of both the parties shall not visit/interfere in the peaceful life of the parties.
6. That the parties understand and realized that it is their mutualresponsibility to keep the matrimonial atmosphere cordial and harmonious to pull the relation.
7. That the parties undertaken to invest mutual trust, confidence and emotions in each other to ensure peace in matrimonial life ahead besides good nurturing & welfare of their child.
8. That the parties have undertaken not to give any cause of concern to each other or other family members. They have left the baggage of previous allegations against each other here itself and have decided to live peacefully hereafter.
9. That it is agreed between the parties that the petitioner/husband shall withdraw the petition of Guardianship and respondent/wife shall also with her Divorce petitioner mentioned above within a week from today which are pending before the Ld. Referral Court
10. That it is agreed between the parties that the petitioner/husband shall also withdraw his Crl. Complaint bearing no. 10146/2019 U/s 156(3) Cr.P.C. on the date fixed which is pending before the Ld. Concerned Court.
11. That, it is further agreed between the parties thereafter, husband the parties shall move appropriate petition in the Hon'ble High Court of Delhi on or before 15.05.2022 urging for quashing the present FIR No. 330/13, Ps Tilak Nagar, Us 498-A/406/34 of IPC in view of the present settlement. The wife has undertaken to co-operate in their said endeavour Viz. p
The importance of putting a quietus to matrimonial disputes through genuine settlements.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement, as held in B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, ....
The main legal point established in the judgment is the court's authority to quash non-compoundable offences under section 482 of the Code, considering the nature of the offence and the amicable sett....
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, in line with the inherent powers under section 482....
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as supported by previous judgments.
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
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