Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3520

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Anoop Kumar – Appellant
Versus
The State (Govt. of NCT of Delhi) & Anr. – Respondents
Crl.M.C. 5030 of 2022
Decided On : 19-07-2023

Advocates appeared:
Ms. Sarita Bhati, Advocate, for the Petitioner.
Mr. Hemant Mehla, APP, for State and SI Harender Kumar, PS Lahori Gate.
Ms. Anjali Chauhan, Advocate, for the Respondent-2.

Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.

Headnote:
498-A/406/34 IPC - Matrimonial Dispute - Settlement Agreement - 13(B) of the Hindu Marriage Act - B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179
Fact of the Case:

The petitioner seeks quashing of a case FIR under Sections 498-A/406/34 IPC filed by the respondent, who is the petitioner's wife. The parties had a child and entered into a settlement agreement for divorce by mutual consent.
Finding of the Court:

The court found that the parties had amicably settled their disputes and granted divorce by mutual consent. The respondent no longer wished to pursue the FIR, and the court considered it better to put an end to the dispute in matrimonial matters through a genuine settlement.
Issues: Quashing of case FIR under Sections 498-A/406/34 IPC, impact on child's rights and interests
Ratio Decidendi: Cases arising from matrimonial differences should be put to rest if the parties have arrived at a genuine settlement. The rights and interests of the child to pursue legal remedies as per law should be left open.
Final Decision: The case FIR under Sections 498-A/406/34 IPC and all subsequent proceedings are quashed. The child's rights to pursue legal remedies are left open.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--This is a petition seeking quashing of case FIR No. 122/2021 dated 22.03.2021, under Sections 498-A/406/34 IPC, registered at PS Lahori Gate and proceedings emanating therefrom. The said FIR was lodged at the complaint of the respondent No.2/wife.

2. Facts in brief are that the marriage between the petitioner No.1 and Respondent No.2/complainant was solemnized on 19.02.2009 as per Hindu Rites and Customs. One child namely Ishaank was born out of the wedlock. Thereafter differences started erupting between the parties and consequently, the respondent no. 2 lodged the present FIR against the petitioners.

3. It has been submitted that while the matter was pending, the parties arrived at an amicable settlement vide settlement agreement dated 25.11.2021 before the Counselling Cell, Family Court THC, Delhi on the following terms and conditions:

"1. That the Petitioner and Respondent have agreed to dissolve their marriage by mutual consent in accordance with law provides u/s 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.4,00,000/- (Four lacs only) as full and final settlement (against istridhan and dowry, maintenance towards post, present and future qua this marriage in 2 installment by way of DD/PAY order.

3. It is further agreed between the parties that the husband will pay Rs.2,00,000/- (Two Lakh Only) to the wife at the time of recording of the statement of first motion by the way of DD/Pay order.

4. It is further agreed between the parties that the husband will pay Rs.2,00,000/- (Tow Lakh Only) to the wife at the time of recording of the statement of first motion by the way of DD/Pay order.

5. It is agreed between parties that the first motion petition shall be filed on or before 17.01.2022 and second motion petition shall be filed soon after the completion of the period of the statutory period of the order U/s 13 B (1) of HMA.

6. It s, further agreed between the parties that the shall pay Rs.Nil to the at the time of recording of statement in quashing of FIR No. 0122/21 U/s 498A,406,341 PC, PS Lohri Gate in Hon'ble High Court of Delhi within 2 month after second motion and wife shall co-operate and sign all the necessary affidavit and do the needful in quashing of the said FIR.

7. There is/are 1 child/children Son namely Ishaank (11 Years Old Son) from this wedlock who is/are living with the Mother. It is agreed between the parties that custody will be with Mother. The Father will have visitation right, once in month at Public Place.

8. It is further agreed between the parties that the petitioner/respondent will withdraw the case which is pending in the court of Sh. Bupesh Kumar Ld. Judge family Court Cetral Tis Hazari Court.

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

10. It is further agreed between the parties that they shall remain bound with the aforesaid terms and conditions and 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/complainant against each other and any time future in all court of law/Police Station etc.

12. It is agreed between the parties that if either of the parties commits breach or defaults of this mutually agreement settlement after the first motion if wife back out of the amount taken at the time of first motion shall be return to Husband with 02% pm interest and if Husband backs out the amount given at the time of first motion shall stands forfeited by the wife.

13. The parties have agreed on each and every terms as recorded in the settlement, after carefully reading over and fully understanding and appreciating the contents, scope and effect thereof, as also the consequences of the breach thereof, including payment of the file/penalty as mentioned above.

14. The

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