Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4926

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Anuj Mishra & Ors. – Appellants
Versus
State of Delhi & Anr. – Respondents
Cr.M.C. 6129 of 2022
Decided On : 11-07-2023

Advocates appeared:
Mr. Mohd. Shamikh and Mr. Absar Ahmad, Advocates, for the Petitioner with Petitioners in person.
Mr.Digam Singh Dagar, APP for the State with SI Tarun, PS Sonia Vihar.
Respondent no.2 in person.

The court emphasized the significance of voluntary settlements in matrimonial disputes and applied the provisions of section 13(B) of the Hindu Marriage Act to reach its decision.

Headnote:
Settlement - Matrimonial Dispute - Hindu Marriage Act - Section 13(B)
Fact of the Case:

The petitioner filed a petition seeking quashing of FIR registered under sections 498A/406/34 IPC, as the parties had entered into a settlement to dissolve their marriage by mutual consent in accordance with section 13(B) of the Hindu Marriage Act.
Finding of the Court:

The court found that the parties had voluntarily entered into an amicable settlement without fear, force, or coercion, and that continuing with the trial would serve no purpose. The court considered the settlement and quashed the FIR and all proceedings arising from it.
Issues: The main issue was the quashing of the FIR and proceedings arising from it, based on the settlement reached by the parties.
Ratio Decidendi: The court emphasized the importance of encouraging settlements in matrimonial disputes and considered the voluntary nature of the settlement in reaching its decision to quash the FIR and proceedings.
Final Decision: The court quashed the FIR No.139/2018 dated 11.07.2018 registered under sections 498A/406/34 IPC at PS Sonia Vihar and disposed of the petition.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.139/2018 dated 11.07.2018 registered under sections 498A/406/34 IPC at PS Sonia Vihar and the proceedings arising therefrom.

2. Briefly stated facts of the case are that the parties got married on 28.04.2017 according to Hindu rites and ceremonies. However, temperamental differences arose between the parties. Thereafter the present FIR was lodged on the statement of Respondent no.2/wife. There is no child born out of this wedlock.

3. Learned counsel submits that during the pendency of the litigation the matter between the parties was settled in Counselling Cell, Family Courrts, Karkardooma Courts on 16.02.2022.

4. The Settlement deed dated 16.02.2022 contains 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 the wife a sum of Rs.1,75,000/- (One Lacs Seventy Thousand) as full & final settlement (against istridhan and dowry, maintenance towards past, present and future qua this marriage) In Four(4) installments by way of DD/pay order.

3. It is further agreed between the parties that the husband will pay Rs.50,000/- (Fifty Thousand) to the wife at the time of recording of the statement of first motion by way of DD/pay order.

4. It is further agreed between the parties that husband will pay Rs.50,000/- (Fifty Thousand) to the wife at the time of recording of statement of second motion by the way of DD/pay Order.

5. It is further agreed between the parties that the Respondent/JD shall pay Rs.50,000/- (Fifty Thousand) to the Petitioner at the time of quashing of FIR No. 0139/2018 U/S 498A/406/34 PS Sonia Vihar in the Hon'ble High Court of Delhi within 30days after second Motion and Petitioner shall cooperate and sign all the necessary affidavit & do the needful in quashing of said FIR.

6. It is further agreed between the parties that the first motion petition shall be filed on or before 25/3/22 and the second motion petition shall be filed soon after the completion of the statutory period of the order U/S 13B (1) of HMA.

7. There is/are ______ Child/children namely ________ from this wedlock, who is/are living with the _____. It is agreed among the parties that the custody, will be with______. The _____will/will not have visitation rights.

8. It is further agreed between the parties that the petitioner will withdraw the case which is pending in the court of Sh. Brijesh Kr. Garg, Ld. Judge Family Courts Distt, North East, Karkardooma Court on 24/2/22 and respondent/JD shall pay Rs.25,000/- (Twenty Five Thousand) to the Petitioner.

9. It is agreed between the parties that they have understood the terms and conditions of the settlement in vernacular.

10. It is further agreed between the parties that they shall remain bound with the aforesaid, terms and conditions as mentioned in the settlement.

11. All the matters relating to this marriage either, civil or criminal are settled and neither the parties nor their relatives shall make any claim against each other in future and will not file any case/complaint against each other at any time of furture in any Court of law/Police Station etc.

12. The above settlement is with respect to all claims of wife past, present and future alimony istridhan, maintenance, pending amount of maintenance, articles, property etc. and neither she nor her relatives shall claim anything from husband or his family members in future for herself or on behalf of child/children.

13. It is agreed between the parties that if either of the parties commits breach or default of this mutually agreed settlement after the first motion if petitioner backs out the amount taken at the time of first motion shall be returned to Respondent/JD with 2% interest per month and if Respondent backs out the amount giv

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