Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5241

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ramit Chhabra & Ors. – Appellants
Versus
The State (Nct) of Delhi & Anr. – Respondents
Cr.M.C. 1238 of 2022
Decided On : 09-05-2023

Advocates appeared:
Mr. Abhishek Sirohi, Advocate with petitioners in person, for the Petitioner.
Mr. Hemant Mehla, APP, for the state with Mr.Dipanshu Meena, Advocate, for the Respondent.
ASI Santosh Kumar
Respondent no.2 in person.

The court's decision emphasizes the importance of amicable settlements in matrimonial disputes, the exercise of inherent powers under section 482 of the Code, and the principle of putting an end to litigation through mutual consent and settlement agreements.

Headnote:
498A/406/34 IPC - Matrimonial Dispute - Hindu Marriage Act - Section 13B HMA, Section 13B(1), Section 13B(2) - Settlement agreement reached through mediation before Delhi High Court Mediation and Conciliation Centre - Quashing of FIR and all proceedings - Exercise of inherent powers under section 482 of the Code - Amicable settlement in matrimonial differences - Quashing of non-compoundable offences - Decree of divorce by mutual consent - Quietus to the whole litigation - Quashing of FIR no. 0266/2020 and all proceedings emanating therefrom
Fact of the Case:

The parties married in 2012 and had a child, but started living separately in 2017 and initiated multiple litigations against each other. They reached an amicable settlement through mediation before the Delhi High Court Mediation and Conciliation Centre, agreeing to file a joint petition for mutual consent divorce and resolving financial and custody matters.
Finding of the Court:

The court found that the parties had entered into an amicable settlement out of their own free will, without any fear, force, or coercion. It considered that no purpose would be served in continuing with the trial and quashed the FIR and all proceedings emanating therefrom.
Issues: The main issue was whether the court should exercise its inherent powers under section 482 of the Code to quash the FIR and all proceedings emanating therefrom, considering the amicable settlement reached by the parties.
Ratio Decidendi: The court relied on the settlement agreement reached through mediation, the exercise of inherent powers under section 482 of the Code, and the principle of putting matrimonial differences to a quietus if the parties have reached an amicable settlement. It also considered the decree of divorce by mutual consent and the settlement's terms and conditions.
Final Decision: The court quashed FIR no. 0266/2020, dated 06/07/2020 registered under Section 498A/406/34 IPC at PS Maurya Enclave, Pitampura, Delhi and all the other proceedings emanating therefrom. The present petition along with all the pending applications stands disposed of.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing FIR no. 0266/2020, dated 06/07/2020 registered under Section 498A/406/34 IPC at PS Maurya Enclave, Pitampura, Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 09.12.2012, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely, Charvik. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 03.03.2017 and instituted multiple litigations against each other and their respective families including the present FIR.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated 13.09.2021 before the Delhi High Court Mediation and Conciliation Centre. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs 60.00.000 (Sixty Lakhs Only) in full and final settlement of the entire dispute to respondent no. 2/complainant out of which Rs 25,00,000 (Twenty-Five Lakhs Only) paid DD No. 036246 drawn from HDFC bank and Rs. 25,00,000 (Twenty-Five Lakhs Only) DD No.37572 dated 29.01.2022. It has been stated that Rs.50 lakhs have already been paid and D.D.No.037763 dated 09.05.2023 drawn on HDFC Bank, in the sum of Rs.10 lakhs in the name of Ms. Neha Kohli has been handed over to respondent no.2 in court today.

4. I have gone through the settlement which has been placed on record. Parties have arrived on settlement before Delhi High Court Mediation and conciliation Centre dated 13.09.2021, the terms and conditions of which are as under:

3. That both the parties have mutually agreed in the mediation that there is no chance left for their reconciliation nor there any possibility of the parties to living together as husband and wife.

4. The present matter was referred to Samadhan (Delhi High 7 Court Mediation and Conciliation Centre) vide an Order dated 30.07.2021 passed by the Hon'ble Division Bench comprising Hon'ble Mr. Justice Vipin Sanghi and Hon'ble Mr. Justice Jasmeet Singh.

5. The Parties agreed that Ms. Lalit Mohini Bhat and Ms. Aditi Tyagi, Advocates would act as the Mediator and Co-Mediator respectively in the Mediation proceedings.

6. Various mediation sessions were held by way of video conferencing with the Parties and their respective counsels i.e. Mr. Hemant Kumar, Advocate, Enrollment No. D1l852/2012, having mail id: contact@chambershk.in for the First Party and Mr. Hitender Kapur, Advocate, Enrollment No. D/840/1991 having email id kapurlegal@gmail.com for the Second Party and Third Party. The parties have, with the assistance of the Mediators and proactive participation of their respective counsels voluntarily arrived at an amicable solution, resolving the above-mentioned disputes and differences on the following terms:

(i) The parties will file a joint petition U/s 13B HMA for mutual consent divorce and undertake to participate and remain present during it's proceedings as and when required.

(ii) The Husband/First Party has agreed to pay a sum of Rs. 60,00,000/(Rupees Sixty Lacs Only) to the Wife/Second Party in full and final settlement of present matter towards all the present, past and future maintenance/alimony for herself and minor ~on Charvik and all other claims including Istridhan etc. as follows:

(a) Rs. 25,00,000/-(Rupees Twenty Five Lacs Only) shall be paid by Husband/First Party to Wife/Second Party by way of Demand Draft at the time of recording of statement in First Motion petition U/s 13-B(I) of Hindu Marriage Act;

(b) Further sum of Rs.25,00,000/-(Rupees Twenty Five Lac Only) shall be paid by Husband/First Party to Wife/Second Party by way of Demand Draft at the time of recording of statement in Second Motion U/s 13-B(2) of Hindu Marriage Act, along with Jewellery ite