Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1740

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Arun Chowdery & Anr. – Appellants
Versus
The State Govt of NCT of Delhi & Anr. – Respondents
Cr.M.C. 5518 of 2022
Decided On : 17-04-2023

Advocates appeared:
Mr. Manish Srivastava and Mr. Amit Kain, Advocates, for the Petitioners.
Mr. Digam Singh Dagar, APP for the State with SI Avaneesh Kumar, PS Jagatpuri.
Mr. Naveen Singh Negi, Advocate with R-2.

Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement.

Headnote:
498-A/406/34 - Matrimonial Dispute - The Hindu Marriage Act, Section 13(B) - 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
Fact of the Case:

The petitioner sought quashing of FIR No. 189/2018 registered under Sections 498-A/406/34, IPC at PS Jagat Puri, East Delhi, as the parties had settled their disputes and obtained a divorce by mutual consent.
Finding of the Court:

The court considered the settlement agreement and the fact that the complainant no longer wished to pursue the complaint. It held that continuing with the FIR would serve no useful purpose and may cause prejudice to the petitioner. The court referred to previous judgments emphasizing the importance of putting matrimonial disputes to rest when parties have arrived at a genuine settlement.
Issues: Quashing of FIR under Sections 498-A/406/34, IPC
Ratio Decidendi: Cases arising out of matrimonial differences should be put to rest if the parties have arrived at a genuine settlement.
Final Decision: The court quashed the FIR and disposed of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. Present petition has been filed seeking quashing of FIR No. 189/2018 dated 18.07.2018 registered under Sections 498-A/406/34, IPC at PS Jagat Puri, East Delhi. The FIR was lodged at the statement of the respondent No.2/wife.

2. Brief facts are that the marriage between the petitioner No.1/husband and respondent No.2/wife was solemnized on 20.12.2013 as per Hindu rites and rituals. No child was born out of the wedlock. Thereafter due to temperamental differences, the parties started residing separately since April 2015. Subsequently, respondent No.2/wife got registered the present FIR against the petitioners herein. While the proceedings were underway, the parties settled their disputes vide settlement agreement dated 22.03.2021 before the Delhi Mediation Centre, KKD Courts, Delhi on the following terms and conditions:

"1. It is agreed between the parties that since there is no possibility of reunion due to irreconcilable difference, they shall get their marriage dissolved by mutual consent in accordance with law as provided U/s 13(B) of The Hindu Marriage Act.

2. It is agreed between the parties that husband shall pay a total amount of Rs. 18,00,000/- (Rupees Eighteen Lakh only) to the wife towards full and final settlement qua her all claims including the stridhan, permanent alimony & maintenance (present, past and future) etc.

3. It is agreed between the parties that husband has paid/deposited a sum of Rs. 10,00,000/- (Rupees Ten Lakh only) in the bank account of wife, bearing no. 29010110035689, UCO Bank, Branch Sector 21-C, Faridabad, IFS Code UCBA0002901, today itself and a receipt in this respect is annexed with this settlement as Annexure-A.

4. It is agreed between the parties that husband shall further pay Rs. 3,00,000/-(Rupees Three Lakh only) to the wife by way of demand draft in her name before the concerned court at the time of recording of her statement in first motion petition, which shall be filed by 15th April, 2021.

5. It is agreed between the parties that husband shall make further payment of Rs. 1,00,000/- (Rupees One Lakh only) to the wife by way of demand draft in her name before the concerned court at the time of recording of her statement in second motion, which shall be filed after the expiry of statutory period or prior to that on getting the statutory period waived of from the court.

6. It is agreed between the parties that husband make the payment of remaining amount of Rs. 4,00,000/- (Rupees Four Lakh only) to the wife by way of demand draft in Hon'ble High Court of Delhi at the time of quashing of FIR No. 189/2018 PS Jagat Puri u/S 498A/406/34 IPC. The husband/respondents shall file the quashing petition before the Hon'ble High Court of Delhi within a month of grant of second motion for getting the afore-mentioned FIR quashed, in which, the wife shall cooperate with them in all possible way by providing the necessary documents and making the appropriate statement.

7. It is agreed between the parties that the wife shall withdraw the instant DV petition as well as the execution petition on 26.03.2021. She shall also withdraw the maintenance petition under Section 125 Cr.P.C from the concerned court on the date fixed i.e. 30.03.2021. The husband shall withdraw his divorce petition from the court on the date fixed 24.03.2021.

8. It is agreed between the parties that after dissolution of their marriage in terms of decree of divorce by mutual consent, they shall not interfere in personal life of each other and shall not litigate further qua their marriage in any manner whatsoever.

9. In case of breach/violation/willful/deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.

10. The defaulting party would return all the benefits/advantages/privileges that have enured in its favour and both the parties would be restored to the position that was befor

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