IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Rakesh & Ors. – Appellants
Versus
The State & Anr. – Respondents
Cr.M.C. 5314 of 2022
Decided On : 09-05-2023
498A/406/34 IPC - Matrimonial Dispute - Section 13B(1) and 13B(2) of Hindu Marriage Act - Settlement reached between parties for divorce by mutual consent and payment of settlement amount - Quashing of FIR and proceedings under section 482 of the Code - Amicable settlement in matrimonial disputes - Reference to B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another
Fact of the Case:
The petitioner filed a petition to quash FIR no. 0568/2015, registered under Section 498A/406/34 IPC, as the parties had resolved their disputes amicably and entered into a settlement for divorce by mutual consent and payment of settlement amount.
Finding of the Court:
The court found that the parties had reached an amicable settlement out of their own free will, without any fear, force, or coercion, and had obtained a decree of divorce by mutual consent. It was considered that no purpose would be served in continuing with the trial, and thus, the FIR and all proceedings emanating therefrom were quashed.
Issues: The main issue was whether the court should exercise its inherent powers under section 482 of the Code to quash the FIR and proceedings in light of the amicable settlement reached by the parties.
Ratio Decidendi: The court relied on the principle that cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. It referenced B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, and Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another to support the exercise of inherent powers to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties.
Final Decision: The court quashed FIR no. 0568/2015, dated 25/08/2015 registered under Section 498A/406/34 IPC at PS Bawana, Delhi and all the other proceedings emanating therefrom.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petition has been filed for quashing FIR no. 0568/2015, dated 25/08/2015 registered under Section 498A/406/34 IPC at PS Bawana, Delhi.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 12.03.2013, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely, Puneet. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 15.10.2015 and instituted multiple litigations against each other and their respective families including the present FIR. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, Rohini Courts, New Delhi.
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/compromise deed dated 05.01.2021.As per the settlement it has been agreed between the parties that the petitioner shall pay Rs 6,50,000 in full and final settlement of the entire dispute to respondent no. 2/complainant out which out of which Rs 2,50,000 (Two Lakhs fifty thousand Only) in the first motion and paid and Rs. 2,00,000 in cash (Two Lakhs Only). Demand draft no.275581 revalidated on 10.04.2023 drawn on Union Bank, Narela in the sum of Rs.1,50,000/- in the name of Ms. Rani has been handed over to respondent no.2 in court today.
4. I have gone through the settlement which has been placed on record. The parties have reached on a settlement dated 05.01.2023, terms and conditions of which read as under:
1. That both the parties have mutually agreed to seek divorce _by filing divorce petition u/s 13 B (1) and U/s 13 B7 (2) of Hindu Marriage Act by mutual consent. It is agreed between the parties that the first party (husband) shall pay an amount of Rs.6,50,000/- (Rupees Six lacs Fifty Thousand only) against the full and final settlement of all the claims of the second party, (wife) towards lstridhan articles, Jewellery, ornaments, maintenance past, present and future and permanent alimony.
2. That it is agreed that a first payment of Rs.2,00,000/- {Rupees two Lacs only) through Demand Draft and Rs.50,000/- (Fifty Thousand Rupees) through cash along with admit list of the articles which annexed with present settlement and compromise Deed shall be paid by the first party (husband) to the second party (wife) at the time of recording of statement u/s 13B (1) of HMA.
3. That it is agreed that part payment of Rs.1,50,000/- (Rupees one lac Fifty Thousand only) through Demand Draft and Rs.50,000 (fifty thousand rupees) through cash shall be paid by the first party (husband) to the second party (wife) at the time of recording of statement u/s 13B (2)HMA before the concerned court.
4. That it is agreed that the third and final payment of a sum of Rs.1,50,000/- (Rupees one lac Fifty Thousand only) through Demand Draft and Rs.50,000/- (fifty Thousand Rupees) through cash will be paid by First Party to second Party at the time of recording of statement before the Hon'ble High Court of Delhi and second Party will cooperate with the First Party in quashing7 of the FIR No.568/2015 under Section 498-A/-406/34 lndian Penal Code registered at Police Station Bawana Delhi and the second Party will be present before the Hon'ble High Court of Delhi.
5. That both the Parties shall also withdraw their cases and claims pending in the Courts filed against each other and their family members.
6. That it is further agreed between the parties that the second party will withdraw the case filed by her under section 125 Cr. P. C. Act against the first party after the first Motion which is pending before the Hon'ble court of Sh. Manu Rai Sethi, Ld. Principal Judge Family Court, Rohini, Delhi.
7. That the first party will forgoe and relinquish all his claims of custody of
The central legal point established in the judgment is the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences, particularly in cases of matrimonial disputes ....
The court emphasized the importance of amicable settlements in matrimonial disputes and exercised its inherent powers to quash the FIR and proceedings.
The central legal point established is the court's authority to exercise inherent powers under section 482 of the Code to quash FIRs and proceedings based on amicable settlements in matrimonial dispu....
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties.
The court can exercise inherent powers to quash non-compoundable offences, especially in cases of matrimonial differences where parties have reached an amicable settlement.
The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement....
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, using inherent powers under section 482 of the Cod....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
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