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IN THE HIGH COURT OF DELHI AT NEW DELHI
Talwant Singh, J.
Sh Shailesh Deshwal – Appellant
Versus
State of N. C. T. of Delhi & Anr. – Respondents
Cr.M.C. 2819 of 2022
Decided On : 03-08-2022
FIR Quashing - Matrimonial Dispute - Section 498A/406/494/495/377/354A/34 IPC - The court discussed the settlement between the parties, the power of the High Courts to quash FIRs, and the nature of offences that can be quashed based on compromise. The court relied on previous judgments to conclude that in matrimonial cases, even the offence under Section 377 IPC can be compromised and FIR can be quashed as parties have to move ahead in life.
Fact of the Case:
The respondent No.2/complainant settled all her disputes amicably with the petitioner, seeking divorce mutually as per Hindu Marriage Act. The parties arrived at a settlement agreement, and the complainant filed an affidavit affirming the settlement.
Finding of the Court:
The court found that the parties settled their disputes and the complainant did not want to pursue the case further. The court concluded that no useful purpose would be served in continuing with the proceedings and quashed the FIR and the proceedings emanating therefrom.
Issues: The main issue was whether the FIR under Section 498A/406/494/495/377/354A/34 IPC could be quashed based on the settlement between the parties.
Ratio Decidendi: The court relied on the power of the High Courts to quash FIRs, the nature of offences that can be quashed based on compromise, and previous judgments to conclude that in matrimonial cases, even the offence under Section 377 IPC can be compromised and FIR can be quashed as parties have to move ahead in life.
Final Decision: FIR No. 0243/2020 under Section 498A/406/494/495/377/354A/34 IPC registered at PS South Campus, District South-West, Delhi and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertakings given to the Court.
ORDER
1. This petition is filed for quashing of FIR No. 0243/2020 under Section 498A/406/494/495/377/354A/34 IPC registered at PS South Campus, District South-West, Delhi and the proceedings emanating therefrom.
2. The principal ground on which the petition has been filed is that the respondent No.2/complainant has settled all her disputes amicably with the petitioner. The settlement was arrived at between the parties with the intervention of relatives on 11.08.2021. Copy of the settlement dated 11.08.2021 is annexed with the petition (Annexure P-2, page 19 of the paperbook).
3. It is stated in the settlement dated 11.08.2021, arrived at between the parties that the parties sought divorce mutually as per Hindu Marriage Act in accordance with law provided under Section 13 (B) (1) of the Hindu Marriage Act.
4. It is agreed between the parties that husband shall pay lump sum amount of Rs.20,00,000/- to the wife as full and final settlement (against stridhan and dowry, maintenance towards past, present and future qua this marriage) by way of four installments. The petitioner will pay the first installment of Rs.1,00,000/- in the form of DD to respondent no. 2 at the time of signing the Deed named as MOU or Settlement Agreement. Thereafter Rs.7,00,000/- shall be paid in the form by way of Demand Draft at the time of recording of statement of First Motion Mutual Divorce Petition. The third installment of Rs.7,00,000/- shall be paid by way of a Demand Draft at the time of recording of statement of Second Motion Mutual Divorce Petition and the remaining amount of Rs.5,00,000/- will be paid in the form of DD at the time of filing of petition for FIR quashing.
4.1. It is also agreed between the parties that none of the parties will interfere in the peaceful life of the other party in any manner.
4.2. It is agreed between the parties that both the parties shall declare that they have returned respective items/cash of other party and as on date of the settlement agreement nothing remains with them of each other.
4.3. It is further agreed between the parties that if any of the them back out from the terms and conditions of the settlement agreement then the other party shall be at liberty to seek legal remedy against the other party in accordance with law, in the court of law.
4.4. It is agreed between the parties that none of the parties shall file any complaint, civil/criminal cases against other party anywhere qua this marriage and if any complaint, civil/criminal cases against other party, qua this marriage is pending anywhere in India and abroad, the same shall be withdrawn with immediate effect.
4.5. It is agreed between the parties that they will abide by and be bound by the agreed terms/stipulations of the settlement agreement.
4.6. It is agreed between the parties that both the parties shall state and declare that they have agreed on each and every term recorded in the settlement agreement, after carefully reading over and fully understanding and appreciating the contents, scope and effect thereof, as also the consequences of breach thereof.
4.7. It is agreed between the parties that they shall state and declare that the terms of settlement have been settled between the parties of their own free will, violation and consent and without their being any undue pressure, coercion, influence, misrepresentation or mistake (both of law and fact), in any form whatsoever.
5. The respondent No.2/complainant has also filed affidavit (page No. 15-16 of the paper book) affirming the fact that her claims and grievances against the petitioners in the above-mentioned FIR stands settled. It is also stated that the complainant does not have any objection if the FIR against the petitioners is quashed as she has already settled her claims due to her.
6. It is to be noted here that apart from usual sections invoked in matrimonial disputes, i.e., Section 406/498A/34 IPC, in the present FIR, Section 377 IPC has also been invoked. Now the matter has
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