Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Jai Kumar & Ors. – Appellants
Versus
State (Govt. of NCT of Delhi) & Anr. – Respondents
Crl.M.C. 3436 of 2023
Decided On : 26-07-2023
498A/406/34 IPC - Matrimonial Dispute - Hindu Marriage Act, 1955, Section 13 B(1) and 13B(2) - Protection of Women from Domestic Violence Act, 2005, Section 12 and 29 - Criminal Procedure Code, 1973, Section 125 - Contempt of Courts Act, 1971 - NCR u/s 323/506/IPC - Criminal Case No:2924/2020 - CA/148/2022 - FIR No: 0091/2020 u/s 498A/354/406/34/IPC - HMA NO.1190/2023
Fact of the Case:
The petitioner filed a petition under section 482 Cr.P.C seeking quashing of case FIR No. 91/2020 under Sections 498A/406/34 IPC. The parties had amicably arrived at a settlement and decided to dissolve their marriage by mutual consent under the Hindu Marriage Act, 1955.
Finding of the Court:
The court found that the parties had voluntarily settled the matrimonial dispute and decided to give quietus to the proceedings. The court acknowledged the settlement and quashed the case and consequent proceedings.
Issues: The main issue was the quashing of the case FIR No. 91/2020 under Sections 498A/406/34 IPC. The court also considered the settlement agreement and the payment of the settlement amount.
Ratio Decidendi: The court relied on previous judgments and legal principles that encourage amicable settlements in matrimonial disputes. It emphasized the voluntary nature of the settlement and the absence of fear, force, or coercion. The court also considered the fulfillment of terms in the settlement agreement.
Final Decision: The court quashed the case FIR No.91/2020 registered under Sections 498A/406/34 IPC at PS Aman 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 case FIR No. 91/2020 under Sections 498A/406/34 IPC registered at PS Aman Vihar.
2. The Charge sheet has been filed.
3. Briefly stated facts of the case are that the marriage between Petitioner no.1/Husband and Respondent no.2/wife was solemnized on 12.03.2019 according to Hindu rites and ceremonies. However, certain temperamental differences cropped up between the parties after which the parties are living separately since 02.10.2019 and there has been no cohabitation between them since then. Thereafter the present FIR was lodged at the statement of Respondent no.2. There is no child born out of this wedlock.
4. Learned counsel for the petitioner submits that during the pendency of the proceedings the parties have amicably arrived at a settlement vide settlement deed dated 13.12.2022, and have decided to put a quietus to the matter. Therefore, the present FIR may be quashed.
5. The Settlement deed dated 13.12.2022 contains the following terms and conditions:
1. That it has been agreed between the parties that they shall get their marriage dissolved by a decree of divorce by way of mutual consent by filing petitions under Section 13 B (1) and 13B (2) of the Hindu Marriage Act, 1955 upon the terms contained in the present Agreement. It is agreed between the parties that the petition under Section 13 B (1) shall be filed by 25.01.2023 before the Learned Principal Judge, Family Courts, North-West District, Rohini Courts, New Delhi. The parties further undertake that subject to fulfillment of the terms of the present Settlement/Agreement, the parties shall file the Second Motion Petition under Section 13 B (2) of the Hindu Marriage Act, 1955 upon the expiry of the statutory period of limitation of six months from the date of filing of First Motion Petition under Section 13 B (1) of the Hindu Marriage Act, 1955 or earlier by taking permission of the Hon'ble Family Court as the parties may deem fit. Both the parties undertake that they shall not withdraw their consent to proceed with the filing of the Second Motion Petition and seeking divorce by way of mutual consent subject, to the fulfillment of the terms of the present Settlement/Agreement.
2. That the First Party has agreed to pay a total sum of Rs.11,00,000/- (Rupees Eleven Lacs Only) (hereinafter referred to as the "settlement amount") to the Second Party towards full and final settlement of all her claims including istridhan articles/jewellery, if any, maintenance, past, present and future, permanent alimony, marriage expenses, etc. The said settlement amount shall be paid to the Second Party by the First Party in the following manner:
a. It has been agreed between the parties that the First Party shall pay a sum of Rs.5,50,000/- (Rupees Five Lacs Fifty Thousand Only) to the Second Party at the time of recording of the statement of the parties before the Learned Family Court concerned in the First Motion Petition under Section 13 B (1) of the Hindu Marriage Act, 1955 by way of Demand Draft/Pay Order.
b. It has been further agreed between the parties that within seven days and in any case no later than 14 days of recording the statement of the parties before the Learned Family Court concerned in the First Motion Petition under Section 13 B (1) of the Hindu Marriage Act, 1955, the Second Party shall file the appropriate application and take necessary measures to withdraw the complaint bearing No: 1801/2020 filed by her under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the concerned Metropolitan Magistrate (Mahila Court) such that the complaint along with its grievances, remedies sought from/against the First Party and allegations shall stand withdrawn by the First Party. It has been further agreed between the parties that the Second Party after recording of the statement of the parties in the First Motion Petition before the
The main legal principle established is the encouragement of amicable settlements in matrimonial disputes, as well as the voluntary nature of settlements and the absence of fear, force, or coercion.
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
The court can quash FIRs in matrimonial disputes when a compromise has been achieved, as encouraged by the Supreme Court.
The main legal point established is that in matrimonial disputes, genuine settlements should be given importance, and if the parties have amicably resolved their disputes, the cases should be put to ....
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.
Matrimonial disputes should be put to quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can exercise its inherent powers to quash FIR and proceedings based on amicable settlement in matrimonial disputes, as established in B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D....
Courts should encourage amicable settlements in matrimonial disputes and respect settlements entered into voluntarily without coercion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
