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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Bhushan Solanki & Ors. – Appellants
Versus
State NCT of Delhi & Anr. – Respondents
Cr.M.C. 4907 of 2023
Decided On : 19-07-2023
498A/406/34 IPC - Quashing of FIR - Section 482 Cr.P.C
Fact of the Case:
The petitioner sought quashing of FIR registered under Section 498A/406/34 IPC, citing amicable settlement with the complainant after marital disputes and divorce.
Finding of the Court:
The court found that the parties had amicably settled their disputes and entered into a settlement agreement, leading to a mutual divorce. The court also noted that the complainant had voluntarily entered the settlement without coercion.
Issues: The main issue was whether the court should exercise its inherent powers under Section 482 of the Code to quash the FIR in light of the amicable settlement between the parties.
Ratio Decidendi: The court relied on precedents such as B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D.A. Deepa, emphasizing that matrimonial disputes should be put to rest if the parties have reached an amicable settlement. The court considered the nature of the offence and the voluntary nature of the settlement.
Final Decision: The court quashed the FIR and all proceedings emanating therefrom, disposing of the petition and pending applications.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 18701/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 4907/2023
1. The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.182/2020 dated 01/07/2020 registered under Section 498A/406/34 IPC registered at PS Prasad Nagar Delhi and all the proceedings emanating therefrom.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 31.10.2017f, in accordance with the Hindu Rites and Ceremonies in Delhi. No child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 23.12.2018 and instituted litigation each other.
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 08.04.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.4,50,000/- (Four Lakhs fifty thousand Only) as a full and final settlement, Out of which Rs.3,50,00/- (Three Lakh fifty thousand only) has been paid and today a demand Draft bearing No. 711601 in the name of Pinki dated 13.02.2023 for a sum of Rs.1,00,000/- (Rs.One Lakhs only) drawn from Bank of India.
4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 03.02.2023 passed by Learned MM. Anuj Bajaj, Family Court, Tis Hazari.
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.182/2020 dated 01/07/2020 registered under Section 498A/406/34 IPC registered at PS Prasad Nagar Delhi and all the proceedings emanating therefrom.
6. I have gone through the settlement which has been placed on record dated 08.04.2022. The settlement agreement provides for the following terms and conditions:
"1. It is agreed between the parties that they shall dissolve their marriage by obtaining a decree of divorce by way of mutual consent/court decree in the concerned court in Delhi.
2. It has been agreed between the parties that the respondent/husband Mr. Bhushan Solanki shall pay a total sum of Rs.4,50,000/- (Rupees four lacs fifty thousand only) along with jewellery/good i.e. two gold rings, one watch, one almirah, one dressing table and one TV to complainant/wife Ms. Pinki towards full and final settlement of all her claims including Istridhan, maintenance (present, past and future) and permanent alimony etc.
3. That the above said settlement amount shall be paid by the respondent/husband to complainant/wife in instalments, in the following manner:
(i) 1st instalment of Rs.1,00,000/- (Rupees one lac only) shall be paid by way of DD in the name of complainant/wife before the concerned Ld. Family Court, Delhi at the time of recording statements of the parties in first motion petition for mutual divorce which shall be filed on or before 15.05.2022.
(ii) 2nd instalment of Rs.50,000/- (Rupees fifty thousand only) shall be paid by way of DD in the name of complainant/wife at the time of withdrawal of present case u/s 12 DV Act, after recording of statement of the parties on or before 10.07.2022.
(iii) 3rd instalment of Rs.50,000/- (Rupees fifty thousand only) shall be paid by way of DD in the name of complainant/wife at the time of withdrawal of petition u/s 125 Cr.PC (connected matter), after recording of statement of the parties in first motion on or before 10.08.2022.
(iv) 4th instalment of Rs.1,50,000/- (Rupees one lac fifty thousand only) shall be paid by way of DD in the name of complainant/wife at the time of recording of statement of the parties in second motion petition for mutual divorce which shall be filed upto 10th Deember, 2022, as per law.
(v) 5th installment of Rs.1,00,000/-
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.
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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....
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 under Section 482 of the Code to quash FIRs in matrimonial disputes if the parties have reached an amicable settlement.
Courts can quash non-compoundable offences arising from matrimonial disputes if parties have reached an amicable settlement, exercising inherent powers under section 482 of the Code.
The court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
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The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
The court can exercise its inherent powers under section 482 of the Code to quash non-compoundable offences if the parties have reached an amicable settlement and there is no purpose in continuing wi....
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