Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ranjeet Singh – Appellant
Versus
The State & Anr. – Respondents
Cr.M.C. 4600 of 2023
Decided On : 10-07-2023
Quashing of FIR - Matrimonial Dispute - Section 498A/406/34 IPC - Section 13 (B) of the Hindu Marriage Act
Fact of the Case:
The petitioner filed a petition for quashing of FIR no. 0248/2016 registered under Section 498A/406/34 IPC at PS Palam Village, citing amicable settlement and mutual divorce.
Finding of the Court:
The court found that the parties had resolved their disputes amicably, entered into a settlement agreement, and obtained a mutual divorce decree. The court exercised its inherent powers under section 482 of the Code to quash the FIR and all proceedings emanating therefrom.
Issues: The main issue was whether the court should quash the FIR and proceedings based on the amicable settlement and mutual divorce.
Ratio Decidendi: The court relied on the provisions of Section 13 (B) of the Hindu Marriage Act and the inherent powers under section 482 of the Code. It also cited precedents such as B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D.A.Deepa to support the quashing of matrimonial disputes upon amicable settlement.
Final Decision: The court quashed FIR no.0248/2016 dated 14.06.2016 registered under Section 498A/406/34 IPC at PS Palam Village and all the other proceedings emanating therefrom.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 17576/2023 (for exemption)
Exemption allowed subject to just exceptions.
The application stands disposed of.
CRL.M.C. 4600/2023
1. The present petition has been filed for quashing of FIR no. 0248/2016 dated 14.06.2016 registered under Section 498A/406/34 IPC at PS Palam Village.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 17.05.2013 in accordance with the Hindu Rites and Ceremonies. 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 15.09.2022 before counselling cell, Family Courts, Dwarka Court, New Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 6,75,000/- (Rupees Six Lakh Seventy Five Thousand 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 02.03.2023 passed by Learned Principal Judge Madhu Jain, Family Courts, South -West Dwarka, New Delhi.
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. 0248/2016 registered under Section 498A/406/34 IPC at PS Palam Village 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 a DD bearing no. 868377 dated 24.05.2023 for a sum of Rs.1,75,000/- drawn on Punjab National Bank, Darka Morh, New Delhi -110078 in the name Aaradhya was given to her 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 02.03.2023, she has no objection if FIR no0248/2016 registered under Section 498A/406/34 IPC at PS Palam Village 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. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided under Section 13 (B) of the Hindu Marriage Act.
2. It is agreed between the parties that husband shall pay to
3. It is further agreed between the parties that husband will pay Rs.2,50,000/- (Two Lakhs Fifty Thousand) to the wife at the time of recording of the settlement of first motion. It is agreed between the parties that petitioner and respondent shall take divorce by way of mutual consent by way of DD/Pay Order in the name of Pieeti Singh if the wife shall.
4. It is further agreed between the parties that husband will pay Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand) to the wife at the time of settlement of second motion by way of DD/Pay Order in the name of Preeti Singh.
5. It is further agreed between the parties that the husband shall pay Rs.1,75,000/- to the wife at the time of quashing of FIR no. 248/16 section 498A/406/34 IPG P.S. Palam Village, Delhi in Hon'ble High Court o
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 quash non-compoundable offences arising from matrimonial differences if the parties have reached an 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 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 emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.
The central legal point established in the judgment is the significance of amicable settlements in matrimonial disputes and the court's inherent powers under Section 482 of the Code to quash non-comp....
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
Exercise of 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 concerned parties in m....
Courts may exercise inherent powers to quash non-compoundable offences arising from matrimonial disputes if the parties have reached an amicable settlement, as established in previous judgments.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
