Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1693

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Harjaspreet Singh & Ors. – Appellants
Versus
State Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 7082 of 2022
Decided On : 06-04-2023

Advocates appeared:
Mr. Syed Shakeel Hussain with Mr.Faisal Khan, Advocates with Petitioner in person.
Mr.Raghuvinder Varma, APP, for the State with SI Rajendra Kumar, PS Kishan Garh.

The court emphasized the duty to encourage amicable settlements in matrimonial disputes and considered the voluntary nature of the settlement between the parties.

Headnote:
498A/406/34 IPC - Matrimonial Dispute - Hindu Marriage Act 1955, Indian Divorce Act, Special Marriage Act 1954 - The court discussed the settlement deed between the parties, which included dissolution of marriage, payment of settlement amount, quashing of FIR, and withdrawal of cases. The court also referred to previous judgments emphasizing the encouragement of amicable settlements in matrimonial disputes.
Fact of the Case:

The parties got married but due to temperamental differences, they started living separately. The wife lodged an FIR, but the parties later settled the matter amicably through a settlement deed, including dissolution of marriage and payment of settlement amount. The husband filed a petition for quashing the FIR.
Finding of the Court:

The court found that the parties had voluntarily settled the matrimonial dispute without fear, force, or coercion. It considered the settlement deed and previous judgments emphasizing the encouragement of amicable settlements in matrimonial disputes.
Issues: Matrimonial dispute, settlement deed, quashing of FIR, amicable settlement
Ratio Decidendi: The court emphasized the duty to encourage amicable settlements in matrimonial disputes and considered the voluntary nature of the settlement between the parties.
Final Decision: The court quashed the FIR and disposed of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. This is a petition filed under section 482 Cr.P.C. for quashing of FIR No. 52/2019 under sections 498A/406/34 IPC registered at PS Kishan Garh.

2. Briefly stated facts of the case are that the parties got married on 15.09.2018 according to Sikh Rites and ceremonies. There is no child born out of this wedlock. That due to temperamental differences between them the parties are living separately since 22.10.2018.

3. It is submitted that owing to the differences between the parties, the Respondent No.2 lodged the above-mentioned FIR. It is further submitted that now the parties have settled the matter amicably among themselves vide settlement deed dated 26.08.2022.

4. The terms of the Settlement Deed are as follows -

"1. Parties here by mutually agreed to dissolve their marriage by filing a joint petition for divorce by way of mutual consent U/s 13 (B) (1) of Hindu Marriage Act. 1955 or Indian Divorce Act U/s 10A (1)/special marriage Act 1954 U/s 28 (1) in the court of competent jurisdiction at New Delhi on or before 15/09/2022.

2. It is agreed between the parties that the respondent (Husband) shall pay lump sum consideration of Rs-5000000/- (Fifty Lakhs only) to the petitioner (Wife) as full and final settlement (against the petitioners past present and future maintenance, permanent alimony, stridhan etc) under the following manner in three installments.

3. It is agreed between the parties that the respondent (Husband) will pay a sum of Rs.1600000/- (sixteen Lakhs) in the form of DD to the petitioner (Wife) at the time of recording of statements of both the parties before the Hon'ble family court under the first motion proceedings. First motion petition shall be prepared by the Respondent.

4. It is agreed between the parties that the respondent (Husband) will pay a sum of Rs.1600000/- (sixteen Lakhs) to the petitioner (Wife) at the time of recording of statements of both the parties before the Hon'ble family court on under the second motion proceedings as second installment in the form of DD. Second motion petition shall be file by the both the parties within 30 days of expiry of mandatory cooling period of six month after completion of first motion or both the parties shall file an application for waiving of mandatory cooling period of six month after first motion. Second motion petition shall be prepared by the Respondent.

5. It is agreed between the parties that the respondent (Husband) will pay a some of Rs 1800000/- (Eighteen Lakhs) in the form of DD to the petitioner Wife) at the time of quashing of FIR No-52/2019 U/s 498A/406/34 IPC PS Kishangarh in Hon'ble Delhi High court within 30 days after second motion and the petitioner (Wife) shall cooperate and sign all the necessary affidavit and appear for statements and do the needful in quashing of said FIR. The FIR quashing shall be filed by the Respondent (Husband).

6. It is agreed between the parties that petitioner shall file quashing of FIR No- 2087/2019 U/s 67 of IT Act at Karnataka High court after second motion of mutual divorce and respondent shall cooperate and sign all the necessary affidavit and appear for statements and do the needful in quashing of said FIR.

7. It is agreed between the parties that in event of non- appearance for the purpose of withdrawal of cases or quashing of FIR in Delhi High Court or any other High Court in India the petitioner (Wife) shall return the received amount with 2 percent interest per month to the respondent (Husband). Similarly if the respondent (Husband) does not appear for the purpose quashing of FIR the said amount shall stand forfeited by petitioner (Wife) and shall not be adjusted any arrear or any other.

8. This agreement constitutes the entire agreement between the parties and supersedes all or any prior agreement/correspondences/negotiations/discussions/representations, both written as well as oral, among the parties.

9. Parties also agree that the petitioner (Wife), shall not claim, in