Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4728

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sh. Hemant Kumar & Ors. – Appellants
Versus
State & Anr. – Respondents
W.P.(Crl.) 1966 of 2023
Decided On : 14-07-2023

Advocates appeared:
Mr. Vinay Kumar Mishra, Advocate (VC) Petitioners are present through VC, for the Petitioner.
Mr. Amon Sinha, ASC with Mr.Kshitiz Garg, Mr Ashvini Kumar, Advocates with SI Manish PS Jafrabad. Mr. Deepak Tomar, Advocate, for R-2 R-2 is present through VC).

Courts should encourage amicable settlements in matrimonial disputes and may quash related proceedings if the parties have voluntarily settled the matter.

Headnote:
Settlement - Matrimonial Dispute - Hindu Marriage Act, 1955, Section 13B - Dowry Prohibition Act, Section 4
Fact of the Case:

The petitioner filed a petition seeking quashing of FIR registered under Sections 498A/406/354B/34 IPC and 4 of Dowry Prohibition Act. The parties had amicably settled the matter through a Settlement Deed, agreeing to dissolve their marriage by mutual consent under Section 13B of the Hindu Marriage Act, and the husband would pay a settlement amount to the wife.
Finding of the Court:

The court found that the parties had voluntarily settled the matrimonial dispute without fear, force, or coercion, and decided to quash the FIR and all related proceedings.
Issues: The main issue was whether the court should quash the FIR and related proceedings in a matrimonial dispute that had been amicably settled by the parties.
Ratio Decidendi: The court relied on the Settlement Deed and the voluntary nature of the settlement, citing previous judgments that encouraged courts to support amicable settlements in matrimonial disputes.
Final Decision: The court quashed the FIR and all related proceedings, disposing of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 18179/2023

Exemption allowed subject to just exceptions.

W.P.(CRL) 1966/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 428/2022 registered at PS Jafrabad, under Sections 498A/406/354B/34 IPC and 4 of Dowry Prohibition Act.

2. Briefly stated facts of the case are that marriage between Petitioner No.1/Husband and Respondent No.2/wife was solemnized on 10.12.2017 according to Hindu rites and customs. However, due to certain dispute and temperamental differences that arose between the parties, they started living separately since 22.12.2018. Thereafter, the present FIR was lodged on the statement of Respondent No.2/Wife. There is one girl child born out of this wedlock.

3. Learned Counsel for the Petitioner submits that during the pendency of the proceedings the parties have amicably settled the matter among themselves vide Mediation/Settlement Deed dated 19.11.2022 arrived at Delhi Mediation Centre, Karkardooma courts.

4. The Settlement Deed dated 19.11.2022 contains the following terms and conditions:

i. It is agreed by both the parties that there is no to irreconcilable possibility of reunion due differences and as such, they have decided to separate their ways and go for dissolution of their marriage by mutual consent in accordance with law AS provided under section 13B of Hindu Marriage Act, 1955,

ii. It is agreed between the parties that they shall file the first motion petition under section 13B(1) of Hindu Marriage Act for dissolution of marriage by way of mutual consent on or before 15.01.2023 and the expenses for the same shall be borne by both the parties.

iii. It is also agreed between the parties that sn 15.12.2022, the husband shall withdraw the petition under section 13(1)(a) of the Hindu Marriage Act from the learned concerned Court.

iv. It is further agreed between the parties that second motion petition under section 13 B(2) of the Hindu Marriage Act from the learned concerned Court.

iva. It is further agreed between the parties that second motion petition under section 13B(2) of the Hindu Marriage Act shall be filled after expiry of statutory period of six months from the date of disposal of the petition under Section 13B(1) of the Hindu Marriage Act. However, the parties are at liberty to move appropriate application for waiver of mandatory period of six month, if they so desire.

v. It is further agreed between the parties that the husband shall pay an amount of Rs. 1,50,000/-(One Lakh Fifty Thousand Rupees only) to the wife towards full and final settlement for her maintenance (past, present and future), permanent alimony, jewellery etc. and the wife undertakes not put forth any further claim towards the same in future at any stage.

vi. It is agreed between the parties that the husband shall pay the above-said settled amount to the wife by way of demand drafts in the name of wife as per the following schedule-

S.No.	Amount	Date
1.	Rs.50,000/-	At the time of recording statement regarding withdrawal of said divorce petition, maintenance petition as well as guardianship petition.
2.	Rs.50,000/-	At the time of recording statement regarding withdrawal of the present case
3.	Rs.50,000/-	At the time of the quashing of the FIR before the Hon'ble High Court.

vii. It is submitted by the wife that her entire lstridhan and dowry articles are lying in the matrimonial home and in view of this it is agreed between the parties that as on the date of the petition under section 13B(1) of the Hindu Marriage Act, the husband shall return all the said articles as per admitted list which is filed before the CAW Cell (except cash as mentioned in the list) to the wife/her representative.

viii. It is also Agreed between the parties that the custody of the minor female child namely Vaibhavi shall remain with the wife and the husband shall not claim custody of the child and/or visitation rights at any stage and the wife shall be the guardi