Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1697

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Amit Shoor & Ors. – Appellants
Versus
State of NCT of Delhi & Anr. – Respondents
Cr.M.C. 4086 of 2022
Decided On : 10-04-2023

Advocates appeared:
Mr. Siddhant Sharma, Advocate, for the Petitioners.
Mr. Digam Singh Dagar, APP, for the State with SI Santosh Ps Vijay Vihar.

Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.

Headnote:
Settlement Agreement - Matrimonial Dispute - Hindu Marriage Act, 1955 - Section 13(B)(1) & (B)(2)
Fact of the Case:

The parties got married but faced temperamental differences leading to living separately. They entered into a settlement agreement for divorce by mutual consent under Section 13(B)(1) & (B)(2) of the Hindu Marriage Act, 1955, and the husband agreed to pay a settlement amount.
Finding of the Court:

The court found that the parties voluntarily entered into the settlement without fear, force, or coercion. The divorce had already been granted, and there was no purpose in continuing with the trial. Therefore, the court quashed the FIR and all proceedings.
Issues: Matrimonial dispute, settlement agreement, quashing of FIR
Ratio Decidendi: The court emphasized the voluntary nature of the settlement and the absence of fear, force, or coercion. It also considered the grant of divorce and the absence of a child born out of the wedlock.
Final Decision: The court quashed the FIR and disposed of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR no. 282/2019 under section 406/498A/34 IPC and all the other proceedings emanating therefrom.

2. Briefly stated facts of the case are that the parties got married on 30.04.2018 according to Hindu rites and ceremonies. Soon after the marriage temperamental differences and matrimonial discord cropped up owing to which the parties have been living separately since 25.08.2018. There is no child born out of said wedlock. The present FIR was lodged on the basis of the complaint by Respondent No.2. However it is submitted that now the parties have settled the matter vide settlement agreement dated 15.07.2021.

3. Settlement agreement dated 15.07.2021reads as follows:

"1. The both the Parties have agreed and expressed their intentions to dissolve their marriage by a decree of divorce by a mutual consent and the Parties have agreed for filing of joint petition U/s 13 (B) (1) & (B) (2) of the Hindu Marriage Act, 1955 before the concerned Family Court, the Parties have agreed for filing of joint petition U/s 13 (B)(1) & (B)(2) of the Hindu Marriage Act, 1955 before the concerned Family Court.

2. That it has been agreed between the Parties that due to their retrievable breakdown of marriage, Parties hereby agree to file waiver application in view of the Order passed by the Hon'ble Supreme Court in "Amardeep Singh v Harveen Kaur, (AIR 2017 SC 4417)". If the Ld. Principal Judge declines the application, it is further agreed that after the expiry of the mandatory period of six months they will file the second motion petition without any delay preferably within period of 15 days after expiry of six months as contemplated under the law.

3. That the Parties hereby agree that the First Motion for Divorce by Mutual Consent would be filed forthwith and both the parties would cooperate each other on its presentation and make necessary statements before the competent court of law accordingly and after this they would also file the Second Motion for Divorce after fulfillment of conditions herein mentioned further, with mutual consent and convenience of each other.

4. That it has been mutually agreement between the parties that Second Party shall make the payment of Rs.5,25,000 (Rupees Five Lakh Twenty Five Thousand Only) in total as FULL AND FINAL PAYMENT AND SETTLEMENT to the First Party in respect of her entire and all other claims that First Party may have against Second Party due to said wedlock/legal relation that includes claims with respect to dowry, stridhan, alimony, gifts, expenditure or any other claim what so ever that the First Party may claim against Second Party due to said matrimonial relation and towards cost of maintenance i.e. present, past and all future maintenance.

5. It is mutually agreed between the parties that settlement amount of Rs 5.25,000 (Rupees Five Lakh Twenty-Fit Thousand Only) as agreed, shall be paid in three instalments:

a) Rs 2,00,000/- by way of demand draft in favour of the First Party at the time of recording the First Motion statement of mutual consent divorce, before the concerned court.

b) Rs 1,50,000/- by way of demand draft in favour of the First Party at the time of recording the Second Motion statement of mutual consent divorce, before the concerned court.

c) Rs 1,75,000/- by way of demand draft in favour of the First Party at the time of recording statement for quashing of FIR No. 282/2019 filed at PS Vijay Vihar before the Hon'ble High Court.

6. That, as per the directions of the Hon'ble Court after filing of first motion and after the waiver application is allowed in, both parties shall immediately file for appropriate application for second motion of mutual consent divorce.

7. That, it has been agreed by Second Party, that he shall solely bear all the legal expenses of Rs. 33,000/- incurred for drafting, filling and appearance of the Advocate/Counsel before the family Court where Di