Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4745

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Yashpal @ Sanjeev & Ors. – Appellants
Versus
The State (Govt. of NCT of Delhi) & Anr. – Respondents
Cr.M.C. 1213 of 2022
Decided On : 10-07-2023

Advocates appeared:
Mr.R.P.S. Bhatti, Advocate, for the Petitioner.
Mr. Amit Sahni, APP and SI Dinesh Tyagi, PS Mayur Vihar.
Mr. Shiv Raiwat, Advocate, for R-2 through V/c.

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 disputes.

Headnote:
Quashing of FIR - Matrimonial Dispute - HMA 13-B(1), HMA 13-B(2), Section 482 of the Code - The court considered the amicable settlement between the parties and exercised inherent powers under section 482 of the Code to quash the FIR and all proceedings emanating therefrom. The court relied on previous judgments to emphasize the importance of putting matrimonial differences to rest through amicable settlements.
Fact of the Case:

The petitioner sought quashing of the FIR registered under Sections 498A/406/34 of IPC based on a settlement agreement between the parties. The parties had resolved their matrimonial differences and obtained a mutual divorce decree.
Finding of the Court:

The court found that the parties had entered into an amicable settlement without fear, force, or coercion and should be given the opportunity to lead their lives peacefully. Continuing with the trial would serve no purpose.
Issues: The main issue was whether the FIR and proceedings should be quashed in light of the amicable settlement between the parties.
Ratio Decidendi: The court exercised its inherent powers under section 482 of the Code to quash the FIR and relied on previous judgments emphasizing the importance of settling matrimonial differences amicably.
Final Decision: The court quashed the FIR and all proceedings emanating therefrom, and disposed of the present petition along with all pending applications.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed seeking quashing of the FIR No. 823/2015 registered at PS Mayur Vihar PH-I under Sections 498A/406/34 of IPC, on the basis of settlement.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 14/02/2013in accordance with the Hindu Rites and Ceremonies. However, due to matrimonial differences and mental incompatibility, the parties started living separately. Ld. Counsel submits that no child was born out of this wedlock.

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 07.05.2019 before the Counseling Cell at Karkardooma Courts, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 4,00,000/- (Rupees four lakhs) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 10/02/2021 passed by Learned Principal Judge, Family Court District East, Karkardooma Courts, Delhi.

5. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR no. 823/2015 registered under Section 498A/406/34 of IPC at PSMayurVihar PH-I 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. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 10/02/2021, she has no objection if FIR no. 823/2015 registered under Section 498A/406/34 of IPC at PS Mayur Vihar PH-I and all the proceedings emanating therefrom are quashed.

7. Out of the total amount of Rs 4,00,000/-, the remaining amount of of Rs. One Lac is paid via a Demand Draft bearing No. 521398 issued in the name of Laxmi dated 07.07.2023 drawn from Canara Bank.

8. Respondent No.2 further states that she has duly received the motorcycle from the petitioner.

9. Both the parties have entered into a settlement dated 07.05.2019 on the following terms and conditions:

"1. It is agreed between the parties that the parties shall dissolve their marriage through a joint petition for a divorce by Mutual Consent U/s 13-B(1) of HMA & 13-B(2) of HMA, which shall be filed by both the parties with their mutual consent for full and final, present, past and future settlement i.e., Rs. 4,00,000/- (Rupees Four Lacs Only). It is agreed between them that first motion petition shall be filed on or before 31.08.2019.

2. It is agreed that between the parties that the husband will pay a sum of Rs l,00,000/- to the wife at the time of recording of the statement of first motion by way of DD/Cash and the dowry articles no.l to I 5 as per admitted list annexed herewith, which shall be filed on or before 31/05/2019 by the wife / petitioner.

3. It is agreed between the parties that the husband will pay a sum of Rs 200000/-to the wife at the time of recording of statement of second motion by way of DD/Cash, which shall be filed on or before 05/08/2019 by the wife /petitioner.

4. It is agreed between the parties that the respondent shall pay Rs 100000/- at the time of FIR bearing no. 829/15 on or before 30th Nov.2019, the petitioner/wife shall cooperate all the legal proceedings.

5. It is mutually agreed between the parties that both the parties shall withdraw all their respective cases /litigations after 1st motion.

6. It is mutually agreed between the parties that after signing of this settlement both the parties undertake to each other not to interfere in each ot

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