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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Rahul Sapra & Ors. – Appellants
Versus
State Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 3070 of 2023
Decided On : 01-05-2023
498A/406/34 IPC - Matrimonial Dispute - The Hindu Marriage Act, 1955 - Sections 13-B(1) and 13-B(II) - Settlement agreement led to mutual divorce and quashing of FIR. Court relied on 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 for the decision.
Fact of the Case:
The petitioner sought quashing of FIR No. 0324/2018 under Sections 498A/406/34 IPC, filed by the respondent wife. The parties had amicably resolved their disputes through a settlement agreement, leading to mutual divorce and withdrawal of complaints.
Finding of the Court:
The court found that the parties had amicably resolved their disputes through a settlement agreement, leading to mutual divorce. The court considered the settlement genuine and in the best interest of the parties, quashing the FIR and all criminal proceedings.
Issues: Matrimonial discord, settlement agreement, quashing of FIR, mutual divorce.
Ratio Decidendi: The court relied on the principle that cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement. The court considered the settlement genuine and in the best interest of the parties, leading to the quashing of the FIR and all criminal proceedings.
Final Decision: The court quashed the FIR No. 0324/2018 dated 16.07.2018 registered under Sections 498A/406/34 IPC at PS Shakarpur, East Delhi, and disposed of the petition.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 11536/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 3070/2023
1. Present petition has been filed seeking quashing of FIR No. 0324/2018 dated 16.07.2018 registered under Sections 498A/406/34 IPC at PS Shakarpur, East Delhi. The said FIR was lodged on the statement of respondent No.2/wife against the petitioners herein.
2. Facts in brief are that the marriage between petitioner No. 1/husband and respondent No. 2/complainant - wife was solemnized on 08.12.2016 as per Hindu rites and customs at Delhi. No child was born out of the wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 03.12.2017. Consequently, respondent No. 2/complainant lodged the present FIR against the Petitioners herein. It has been submitted that apart from the present FIR, the respondent No.2/complainant had also filed a complaint u/s 12, DV Act and a petition u/s 125 Cr.P.C. Moreover, petitioner No.3 namely Neena Sapra who is the mother of petitioner No.1 had also lodged FIR No. 138/2018 u/s 323/341/506/504/34 IPC at PS Farash Bazaar, Delhi against the respondent No.2 and her parents.
3. Ld. Counsel submits that however while the proceedings were underway, the parties amicably resolved all their disputes vide settlement agreement dated 02.07.2022 on the following terms and conditions:
"1. Both the abovementioned parties have come to conclusion that they cannot pull on with each other and marriage between them has been irretrievably broken down.
2. It has been agreed between both the parties that they shall get their marriage dissolved by taking Mutual Divorce from each other. Both the parties to this MOU shall get recorded their joint statements in First Motion and Second Motion petitions of Divorce by Mutual Consent filed Under Section 13- B(1) and 13-B(Il), respectively, of The Hindu Marriage Act, 1955, before the concerned court and shall take mutual divorce from each other which is of their own sweet free will, without any force, coercion, fraud from any quarter.
3. That the Second party has settled all her claims with regard to her Permanent Alimony, past, present and future maintenance and Istridhan with the First Party and his family members for a total sum of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only).
4. It has further been agreed between both the parties that out of the aforementioned settlement amount of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only), the First Party will pay Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) by way of Cash/Cheque/Demand Draft to the Second Party before the concerned family court at the time of recording of joint statements of both the parties in First Motion petition of Divorce by Mutual Consent filed Under Section 13-B(I) of The Hindu Marriage Act, 1955.
5. It has further been settled between both the parties that after First Motion petition is allowed by the concerned court, the Second Party shall withdraw her abovementioned complaint U/S 12 of Domestic Violence Act pending in Mahila Courts (East District) and petition U/S 125 Cr.P.C. pending before Family Courts (East District), filed by the Second Party against the First Party and his family members.
6. It has further been agreed between both the parties that out the remaining balance amount of Rs.3,00,000/- (Rupees Three Lakh Only), the First Party shall further pay an amount of Rs. 1,50,000/- to the Second Party by way of Cash/Cheque/Demand Draft to the Second Party before the concerned court at the time of recording of joint statements of both the parties in Second Motion petition of Divorce by Mutual Consent filed Under Section 13-B(II) of The Hindu Marriage Act, 1955.
7. It has further been agreed between both the parties that Smt. Neena Sapra, mother of First Party, had lodged FIR No.138/2018, U/S 323/341/506/504/34 IPC at P.S. Farash Bazaar, Delhi against Second Party and her paren
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
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 rest if the parties have arrived at a genuine settlement.
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
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.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
Matrimonial disputes should be put to rest if a genuine settlement has been reached by the parties.
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