IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Preeti Kaushik & Ors. – Appellants
Versus
State Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 2988 of 2023, Cr.M.A. 11217 of 2023, Cr.M.C. 1814 of 2022, Cr.M.A. 7693 of 2022 STAY, Cr.M.C. 1864 of 2022, Cr.M.A. 7914 of 2022 & Cr.M.C. 3025 of 2023 & Cr.M.A. 11384 of 2023
Decided On : 01-05-2023
Matrimonial Dispute - Quashing of FIRs - 307/389/506/384/379/120B/34 IPC, 354(D)/509/34 IPC, 498A/406/354/354A/307/506/509/34 IPC, 323/341/506 IPC - The court quashed all FIRs and proceedings emanating therefrom based on the amicable settlement and mutual consent divorce between the parties.
Fact of the Case:
The parties were involved in matrimonial disputes which led to multiple FIRs being filed. However, the parties reached an amicable settlement and obtained mutual consent divorce.
Finding of the Court:
The court found that the parties had resolved all their disputes through a settlement agreement and had obtained mutual consent divorce. It concluded that continuing with the FIRs would serve no useful purpose and may cause prejudice to the parties.
Issues: The main issue was whether to quash the FIRs and proceedings based on the amicable settlement and mutual consent divorce.
Ratio Decidendi: The court held that cases arising out of matrimonial differences should be put to rest if the parties have arrived at a genuine settlement, citing relevant case laws.
Final Decision: The court quashed all FIRs and proceedings emanating therefrom, considering the totality of facts and circumstances of the case and the submissions of the parties.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petitions have been filed seeking quashing of the following FIR's:
1. FIR No.561/2016 registered u/s 307/389/506/384/379/120B/34 IPC at PS Mukherjee Nagar in CRL.M.C. 2988/2023.
2. FIR No.357/2016 registered u/s 354(D)/509/34 IPC at PS Rani Bagh in CRL.M.C. 1814/2022
3. FIR No.761/2014 registered u/s 498A/406/354/354A/307/506/509/34 IPC at PS Mukherjee Nagar in CRL.M.C. 1864/2022
4. FIR No.244/2017 registered u/s 323/341/506 IPC at PS Subzi Mandi in Crl.M.C.3025/2023.
2. Learned counsel submits that initially Crl.M.C.3025/2023 was assigned to the court of HMJ Rajneesh Bhatnagar. However, the same has been received by way of transfer at the directions of Hon'ble the Chief Justice. Learned counsel submits that all the above mentioned FIR's arose out of the matrimonial disputes between parties namely Ritesh Kumar (husband) and Preeti Kaushik (wife). It has been submitted Ritesh Kumar and Preeti Kaushik were married on 09.02.2014 according to Hindu Rites and customs at Delhi. No child was born out of the wedlock. However, due to matrimonial discord and temperamental differences various litigations and complaints erupted between the parties. However, it has been submitted that now the parties have amicably settled all their disputes vide settlement deed dated 24.10.2019 before the Mediation Centre, Rohini Courts, Delhi on the following terms and conditions:
"1) It is agreed that the wife and the husband shall dissolve their marriage by decree of divorce by mutual consent in accordance with law without levelling allegations and counter- allegations against each other.
2) It is agreed that the wife shall not claim any legal entitlement past, present and future arising out of the marriage with husband including permanent alimony, istridhan, maintenance, and all other miscellaneous and legal expenses from the husband.
3) It is agreed that the wife and the husband shall initiate appropriate legal proceedings for recording of First Motion within 15 days from today before the Court of competent jurisdiction.
4) It is agreed that the wife and husband shall initiate appropriate legal proceedings for recording of Second Motion in accordance with law after the passing of order in petition u/s 13(B)(1) HMA.
5. It is agreed that the wife and the husband shall initiate appropriate proceedings including legal proceedings simultaneously with the filing of petition u/s 13(B)(1) HMA, for withdrawal/disposal of complaints filed against each other before various authorities and shall withdraw the complaints pending before the courts as mentioned hereinbelow after recording of first motion.
(a) Application(s) u/s 340 Cr.P.C pending in different legal proceedings before different court out of which, three are filed by Ritesh Bahri @ Ritesh Kumar and one is stated to be filed by Rahul Berry @ Rahul Bahri.
(b) Complaint u/s 200 Cr.P.C for invoking the offence as described u/s 3 of Dowry Prohibition Act bearing CC no.2612/18, titled as Ritesh Bahri v. Abhishek & Others along with the application u/s 156(3) Cr.P.C pending before the court of Ms. Jasjeet Kaur, ACMM, North, Rohini, Delhi.
(c) Compounding proceedings in FIR No.357/16, u/s 354(D)/509/34 IPC only qua the Ritesh Bahri and Pradeep Prajapati. It is made clear that no compounding proceedings shall be initiated in any other legal proceedings against any other accused/respondent including Dimple Vivek, if named in the chargesheet after investigation.
(d) Complaints/application(s) filed by the husband against Abhishek Kaushik & his family members/relatives/friends before the income tax department/ACB/EOW.
6) It is agreed that the husband and wife shall initiate appropriate legal proceedings for quashing/disposal of FIRs and all consequential proceedings arising out of said FIRs, as mentioned herein below after disposal of the petition u/s 13(B)(2) HMA and withdrawal of complaints and legal proceedings as per clause 5 preferably within 6 months. It is agreed that th
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established by relevant case laws.
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 quietus if the parties have arrived upon a genuine settlement.
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 need to put a quietus to matrimonial disputes when parties have arrived at a genuine settlement.
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments.
The importance of putting a quietus to matrimonial disputes through genuine settlements.
The central legal point established is the court's authority to quash criminal proceedings in matrimonial disputes based on genuine settlements, as supported by legal precedents.
In matrimonial matters, genuine settlements should be respected, and cases arising from such disputes should be put to rest if the parties have arrived at a genuine settlement.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.