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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Piyush Sharma & Ors. – Appellants
Versus
State NCT of Delhi & Anr. – Respondents
Cr.M.C. 330 of 2023
Decided On : 25-04-2023
Quashing - Matrimonial Dispute - Hindu Marriage Act, 1955 - Sections 13B(1), 13B(2) - DV Act - Section 12 - IPC - Sections 406, 498A, 34
Fact of the Case:
The petition seeks quashing of a case FIR registered under Sections 406/498A/34 IPC at PS Vikaspuri, West Delhi, filed by the respondent No.2/wife. The parties had amicably settled all their disputes, leading to the withdrawal of various litigations. A settlement MoU was reached, and divorce by mutual consent was granted. The respondent no. 2 received the settlement amount and expressed no grievance against the petitioners.
Finding of the Court:
The court considered the amicable settlement between the parties, the grant of divorce by mutual consent, and the respondent's lack of wish to pursue the present FIR. It concluded that continuing with the FIR would serve no useful purpose and may cause prejudice to the petitioner. The court relied on previous judgments emphasizing the importance of putting matrimonial disputes to rest when genuine settlements are reached.
Issues: Quashing of FIR and related proceedings in a matrimonial dispute, consideration of amicable settlement, and the rights and interests of the child born out of the wedlock.
Ratio Decidendi: The court held that in matrimonial matters, if genuine settlements are reached, it is better to put a quietus to the disputes. It considered the lack of wish to pursue the complaint, the amicable settlement, and the grant of divorce by mutual consent as grounds for quashing the FIR and related proceedings.
Final Decision: The court quashed the case FIR and all proceedings emanating therefrom, allowing the male child born out of the wedlock to pursue his legal rights in accordance with the law.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. Present petition has been filed seeking quashing of case FIR No. 0619/2016 dated 26.10.2016 registered under Sections 406/498A/34 IPC at PS Vikaspuri, West Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.
2. Facts in brief are that the marriage between petitioner No. 1 and respondent no. 2/complainant was solemnized on 29.04.2015 as per Hindu rites and customs in Delhi. One male child namely Moditya alias Shivu was born out of the wedlock. However, owing to temperamental differences the parties started living separately since 23.12.2015. Thereafter, respondent no. 2/complainant got registered the present FIR against the petitioners herein. Chargesheet is stated to have been filed and the matter is pending adjudication before the learned Trial Court.
3. Besides the present FIR, various litigations emerged between the parties such as Respondent. No.2 filed a maintenance petition Mt. No. 620/2017, Execution Petition No. Ex/criminal/156/2022 and HMA No. 1619/2019, and a complaint u/s 12 of DV Act, against the Petitioner No.1 and his family members, pending before the court of Ld. Principal Judge, Family Court, Dwarka, New Delhi. It has been submitted that however, while the proceedings were underway the parties amicably settled all their disputes, and consequently, the litigations were withdrawn by Respondent No 2.
4. Ld. Counsel submits that the parties have now amicably resolved all their disputes vide MoU dated 21.08.2022 on the following terms and conditions:
"1. It is agreed between the parties that the first party/husband shall pay to the wife/second party a sum of Rs. 20,00,000/- (Rupees Twenty lakhs only) as full and final settlement amount against her all claims including order of the maintenance for herself as well as minor child, alimony streedhan etc in three installments by way of DD/Pay order/Bankers cheque/RTGS.
2. It is agreed between the parties that the first party shall pay the first installment of Rs.7,50,000.00/- (Rupees Seven lakhs fifty thousand only) to wife/second party at the time of recording of statement of first motion of the petition for Divorce by mutual consent under Section 13 B(1) of Hindu Marriage Act, 1955 and withdrawal of petition under section 13(1) (ia) & (ib) of the Act of 1955 Pending in the Court of Sh. Parveen Kumar, Principal Judge, Family Courts, Dwarka, New Delhi wherein next date of hearing is 26.08.2022.
3. It is further greed between the parties that husband shall pay the second installment of Rs.7,50,000/- (Rupees Seven lakhs fifty thousand thousand) to the wife second party at the time of recording of statement of second motion of the petition for Divorce by mutual consent under Section 13 B(2) of Hindu Marriage Act, 1955.
4. It is further greed between the parties that the second party on the receipt of the second installment amount of Rs.7,50,000.00 shall withdraw all the pending cases, which are as follows:
(i) Mt. No. 620/2017 pending in the Court of Sh. Parveen Kumar, Principal Judge, Family Courts, Dwarka, New Delhi wherein next date of hearing is 26.08.2022;
(ii) No Ex/criminal/156/2022 pending in the Court of Sh. Parveen Kumar, Principal Judge, Family Courts, Dwarka, New Delhi wherein next date of hearing is 07.12.2022;
(iii) Complaint case No. 5003907/2016 pending in the Court of Ms. Kritika Jain, Ld. MM (Mahila Court) Dwarka wherein next date of hearing is 05.11.2022;
5. It is further agreed between the parties that husband shall pay the third installment of Rs. 5,00,000/- (Rupees Five lakhs only) to the wife/second party at the time of quashing of FIR No. 619/2016 under Section 498A/406/34 IPC PS: Vikaspuri, which is pending in the court of Ms. Kritika Jain, Ld. MM (Mahila Court) Dwarka, New Delhi, wherein next date of hearing is 03.09.2022. The second party has agreed to cooperate, provide necessary documents, sign all necessary affidavits' appear in person and do needful in quashing FIR in the High Cou
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.
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.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
In matrimonial matters, genuine settlements between parties should lead to the quashing of FIRs, as established by relevant case law.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement and obtained a divorce by mutual consent.
The main legal point established is that in matrimonial disputes, genuine settlements should be given importance, and if the parties have amicably resolved their disputes, the cases should be put to ....
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
Matrimonial disputes should be put to rest when genuine settlements are reached, as emphasized in previous judgments.
The central legal point established in the judgment is the significance of genuine settlements in matrimonial disputes and the court's discretion to quash legal proceedings based on such settlements.
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