Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4119

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Deepak Yadav & Ors. – Appellants
Versus
The State & Anr. – Respondents
Cr.M.C. 3885 of 2022
Decided On : 10-05-2023

Advocates appeared:
Ms. Kirti Madain and Mr. Nikhil Sharma, Advocates, for the Petitioner.
Mr. Hemant Mehla, APP for the state with ASI Samay Pandey, DE/Cell with SI Achal, PS Seemapuri.
Mr. Sunil Upadhyay, Advocate, for the Respondent.

The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial differences.

Headnote:
Quashing of FIR - Matrimonial Dispute - Dowry Prohibition Act, 1961 - 498A/406/34 IPC - Section 4 of Dowry Prohibition Act, 1961
Fact of the Case:

The petitioner filed a petition seeking quashing of FIR No. 732/2018 registered under Sections 498A/406/34 IPC and section 4 of Dowry Prohibition Act, 1961. The parties had entered into a settlement agreement and a mutual divorce petition was filed, resulting in a decree of divorce.
Finding of the Court:

The court found that the parties had amicably settled their disputes and the marriage had been dissolved by mutual consent. The court considered the settlement to be voluntary and without coercion, and therefore, quashed the FIR and all proceedings emanating from it.
Issues: The main issue was whether the court should quash the FIR and proceedings arising from it, considering the amicable settlement and dissolution of marriage by mutual consent.
Ratio Decidendi: The court relied on the inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court. It also considered the settled law that cases arising out of matrimonial differences should be put to rest if the parties have reached an amicable settlement.
Final Decision: The court quashed FIR No. 732/2018 and all proceedings emanating therefrom, and disposed of the petition along with all pending applications.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 732/2018 registered at PS Seemapuri, under Sections 498A/406/34 IPC and section 4 of Dowry Prohibition Act, 1961.

2. Briefly stated facts of the case are that Petitioner No.1/Husband and Respondent No.2/wife got married on 28.11.2013 according to Hindu rites and ceremony. However, owing to temperamental differences, and increasing incompatibility the relationship between the parties started deteriorating and the parties started living separately since 20.03.2014. However, there is no child was born out of wedlock. Thereafter, the present FIR was lodged on the statement of Respondent No.2/wife

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated 12.01.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.5,80,000/- (Rupees Five Lacs Eighty Thousand only) in full and final settlement of the entire dispute to respondent no. 2/complainant. In pursuance of the terms of the Settlement the Respondent No.2 had received Remaining sum of Rs.5,50,000/- has been received by way of a Demand Draft bearing No. 410365 dated 14.03.2023 drawn on Canara Bank.

4. The Settlement Deed/MoU dated 12.01.2022 which provides for the following terms and conditions:

1. That it is agreed between the parties that the second party shall pay a sum of Rs.5,80,000/- (Rupees Five Lacs Eighty Thousand only) as full and final settlement against, Istridhan, Maintenance, including (past, present and future) towards permanent alimony etc.

2. That it is agreed between the parties that the second party shall pay a sum of Rs.5,80,000/- (Rupees Five Lacs Eighty Thousand only) to the first party/wife by way of Cheque/DD at the time of quashing of the FIR No.0732/2018, U/s 498-A/406/34 IPC, P.S. Seemapuri, Delhi and the first party undertakes that she will cooperate and depose her statement/affidavit/NOC before the Hon'ble High Court of Delhi vide DD bearing no. 410174 of Canara bank.

3. That it is agreed between the parties that the both the parties shall withdraw their respective cases/complaint before the concerned court/P.S. or for before at the time of recording of statements in the second motion petition.

4. That it is agreed between the parties that a settlement deed was also executed between the parties and according to the said deed, the first party has also received her all belongings as per the list.

5. That it is also agreed between the parties that the first motion petition shall be filed by the parties as soon as possible.

6. That it is also agreed between the parties that after passing the first passing the first motion of divorce, both the parties shall present their second motion of divorce U/s 13(B)(2) of HMA along with an application U/s 151 CPC for waiver of statutory period of six months for filing second motion of divorce.

7. The parties to this Deed also undertake that they shall withdraw all the complaint/cases, if any, filed by them against each other or against their family members and they will not file any kind of complaint/case regarding their matrimonial dispute in future.

8. That it is agreed between the parties that if first party/Wife will back out from present settlement at any point of time, she shall refund the entire money which she received in the compliance of the present settlement deed to the second party/husband. Similarly if second party/husband will back out from any stage, his money which he handed over to the first party/wife shall be forfeited. Apart from above, defaulted party will be liable for other action as per law of land.

9. That any litigation, which are filed by the parties or arisen out of the present dispute, shall be treated as null and void in the eyes of law and none of parties shall pursue the

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