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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kush Mangla & Ors. – Appellants
Versus
The State & Anr. – Respondents
W.P.(Crl.) 1859 of 2023
Decided On : 05-07-2023
Settlement Agreement - Quashing of FIR - Section 498A/406/34 IPC - [Section 498A, Section 406, Section 34 of the Indian Penal Code] - The court considered the settlement agreement between the parties, which included the dissolution of marriage by mutual consent, payment of settlement amount, and custody arrangements for the minor child. The court exercised its inherent powers under section 482 of the Code to quash the non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties. The court relied on previous judgments to emphasize the importance of putting matrimonial differences to rest through amicable settlements.
Fact of the Case:
The petition was filed for quashing FIR no. 65/2022 registered under Section 498A/406/34 IPC at PS Shahbad Dairy. The parties had resolved their disputes amicably, entered into a settlement agreement, and obtained a decree of divorce by mutual consent. The respondent voluntarily entered the settlement without coercion and confirmed the receipt of the settlement amount.
Finding of the Court:
The court found that the parties had reached an amicable settlement out of their own free will and that continuing with the trial would serve no purpose. Therefore, the court quashed FIR no. 65/2022 and all proceedings emanating therefrom.
Issues: Quashing of FIR under Section 498A/406/34 IPC, validity of the settlement agreement, exercise of inherent powers under section 482 of the Code.
Ratio Decidendi: 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. Matrimonial differences should be put to rest through amicable settlements.
Final Decision: FIR no. 65/2022 and all proceedings emanating therefrom are quashed.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 17162/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
W.P.(CRL) 1859/2023
1. The present petition has been filed for quashing of FIR no. 65/2022 dated 12.01.2022 registered under Section 498A/406/34 IPC at PS Shahbad Dairy.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 10.07.2023 in accordance with the Hindu Rites and Ceremonies. And one son, namely Shivay, was born on 10.06.2020 out of the wedlock. However, it has been submitted that, on account of temperamental differences and mental incompatibility, the parties started living separately 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 10.07.2022 before the Mediation Centre, Rohini District Courts, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.25,00,000 (Rupees Twenty Five Lacs Only) in full and final settlement of the entire dispute to respondent no. 2/complainant.
4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated 17.02.2023 passed by Ld. Principal Judge, Ms. Seema Maini; Family Court: Northwest, Rohini.
5. The Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably; it would be in the interest of justice to quash FIR no. 65/2022 dated 12.01.2022 registered under Section 498A/406/34 IPC at PS Shahbad Dairy and all the proceedings emanating therefrom.
6. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She submits that the remaining amount of the sum of Rs.17 lakhs has been paid vide DD No.088642 dated 04.07.2023 drawn on HDFC Bank to the respondent in court today. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 17.02.2023, she has no objection if FIR no no. 65/2022 dated 12.01.2022 registered under Section 498A/406/34 IPC at PS Shahbad Dairy and all the proceedings emanating therefrom are quashed.
7. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:
1. It is mutually settled between the parties that complainant/ wife and respondent/husband shall get dissolved their marriage by a decree of divorce by mutual consent without leveling allegations and counter allegations against each other in accordance with law before the Court of competent jurisdiction at Delhi.
2. The respondent no. 1/husband shall pay a total sum of Rs.25,00,000/- (Rupees Twenty Five Lacs Only) to the complainant/wife as full and final settlement including all her claims past, present and future maintenance and child arising out of the marriage with respondent which shall include permanent alimony, maintenance, all other miscellaneous expenses, stridhan and dowry articles. The complainant/wife shall not claim any right, title or claim in the property of the respondent/husband.
3. The settlement amount of Rs.25,00,000/- (Rupees Twenty Five Lacs Only) shall be paid by the respondent no. !/husband to the complainant/ wife by way of DD/RTGS/NEFF or any other electronic mode, in the following manner:
i) Rs.10,00,000/- (Rupees Ten Lacs Only) at the time of recording of statements in the First Motion Petition U/s. 13B(1) of Hindu Marriage Act, which shall be filed by the parties join
The court can exercise inherent powers to quash non-compoundable offences based on amicable settlements between the parties, especially in cases of matrimonial disputes.
The court can exercise inherent powers under Section 482 of the Code to quash non-compoundable offences based on amicable settlements in matrimonial cases, as established in previous judgments.
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 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.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
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 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 can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
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....
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....
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