Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3908

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Amanpreet Singh Syall & Ors. – Appellants
Versus
State of NCT of Delhi & Anr. – Respondents
Crl.M.C. 5314 of 2023
Decided On : 02-08-2023

Advocates appeared:
Mr.Dev Kumar Sharma and Mr.Shiv Kumar Kushwah, Advocates and Petitioners in person.
Mr.Digam Singh Dagar, APP, for the State.
ASI Shri Krishan, PS Binda Pur and SI Ekta, PS Bindapur.
Respondent No.2 in person.

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.

Headnote:
Section 482 Cr.P.C. - Quashing of FIR - Settlement under Section 13(B) of the Hindu Marriage Act - 498A/406/34 IPC
Fact of the Case:

The petitioner filed a petition seeking quashing of a case FIR registered under Sections 498A/406/34 IPC at PS Bindapur. The parties had been referred for conciliation and had amicably settled all their disputes, leading to a mutual divorce. The complainant no longer wished to pursue the FIR, and the remaining settlement amount was paid in court.
Finding of the Court:

The court considered the amicable settlement and the mutual consent divorce, and concluded that continuing with the FIR would serve no useful purpose. It emphasized the importance of putting an end to matrimonial disputes through genuine settlements, citing relevant case laws.
Issues: Quashing of FIR under Sections 498A/406/34 IPC, consideration of amicable settlement and mutual consent divorce
Ratio Decidendi: Matrimonial disputes should be put to rest through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
Final Decision: The court quashed the case FIR and all subsequent proceedings arising from it.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 20211/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 5314/2023

1. The present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 987/2021 dated 05.12.2021 registered under Sections 498A/406/34 IPC at PS Bindapur. The said FIR was lodged on the complaint of respondent No.2/wife against the petitioners herein.

2. Facts in brief are that the marriage between petitioner No. 1/husband and respondent No. 2/complainant - wife was solemnized on 20.01.2019 as per Hindu rites and customs at Delhi. No child was born out of the wedlock. Thereafter, owing to temperamental differences both the parties started residing separately since 22.01.2021. Consequently, respondent No. 2/complainant filed a complaint before CAW Cell, Dwarka, Delhi which culminated into the present FIR against the petitioners herein.

3. Ld. Counsel submits that while the proceedings were underway, the parties were referred for conciliation before the Counselling Cell, Central District, THC, Delhi, whereby, with the intervention of family and friends, the parties amicably settled all their disputes vide Settlement Deed dated 27.02.2023 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. Seven Lacs Twenty Five Thousand only and Articles list enclosed as full and final settlement (against istridhan and dowry, maintenance towards past, present and future qua this marriage in three installments by way of DD/Pay Order. There is no issue from this wedlock.

3. It is further agreed between the parties that the husband will pay Rs. Two Lacs Twenty Five Thousand Only and articles (list enclosed) 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. Two Lacs Fifty Thousand only to the wife at the time of recording of the statement of second motion by way of DD/Pay Order

5. It is agreed between the parties that the first motion petition shall be filed on or before 27th MAR' 23 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 as early as possible.

6. It is further agreed between the parties that the Petitioner shall pay Rs. Two Lacs fifty Thousand to wife Respondent at the time of recording of statement in quashing of FIR No. 987/21 under Section 498(A),406, 34 PS Binda Pur in Hon'ble High Court of Delhi within Two Month after second motion and Respondent shall cooperate and sign all the necessary affidavit and do the needful in quashing of the said FIR.

7.....

8. It is further agreed between the parties that the petitioner/respondent will withdraw the cases which is pending in the court of Sh. Virender Kr. Bansal, Ld. Principal Judge Family Court (West), Tis Hazari Courts, Delhi. Case Sec. 9.

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/complaint 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 Respondent/wife back out of the amount taken at the time of first motion shall be return to Petitioner with 02% pm interest and if the

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