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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Amjad Khan & Ors. – Appellants
Versus
Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 5616 of 2023
Decided On : 09-08-2023
Section 482 Cr.P.C - Quashing of FIR - Settlement agreement under Muslim Shariyat Law - Reference to Section 498A/406/34 IPC - [498A, 406, 34 IPC] - The court considered the settlement agreement between the parties and exercised its inherent powers under section 482 of the Code to quash the non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. The court cited precedents such as B.S. Joshi v. State of Haryana, K. Srinivas Rao v. D.A. Deepa, and Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another to support its decision.
Fact of the Case:
The petitioner sought quashing of FIR No.0228 dated 01.05.2018 registered under Section 498A/406/34 IPC at PS Bhajanpura and all the proceedings arising therefrom, citing an amicable settlement between the parties under Muslim Shariyat Law.
Finding of the Court:
The court found that the parties had entered into an amicable settlement out of their own free will, without any fear, force, or coercion, and exercised its inherent powers under section 482 of the Code to quash the FIR and proceedings. The court considered the settlement agreement and cited relevant precedents to support its decision.
Issues: Quashing of FIR under Section 482 Cr.P.C, Settlement agreement under Muslim Shariyat Law, Exercise of inherent powers of the court
Ratio Decidendi: The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement.
Final Decision: FIR No.0228 dated 01.05.2018 registered under Section 498A/406/34 IPC at PS Bhajanpura and all the proceedings arising therefrom are quashed. The present petition along with all the pending applications stands disposed of.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The Present petition has been under section 482 Cr.P.Cseeking quashing of FIR No.0228 dated 01.05.2018 registered under Section 498A/406/34 IPC at PS Bhajanpura and all the proceedings arising therefrom.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 05.02.2016, in accordance with the Muslim 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 separatelyand instituted litigation against 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 08.05.2023 before the Principal Judge, Family Court, Karkardooma Court. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.2,00,000/- (Rupees two Only) as full and final settlement, Out of which Rs.1,50,000/- (Rupees One Lacs Fifty Thousand Only) has been paid and today remaining payment vide DD No.866259 dated 23.06.2023 in the sum of Rs.50,000/- in the name of Mahreeen Rayaz drawn on State Bank of India has been handed over to respondent no.2 in court today
4. Pursuant to the settlement, a mutual consent divorce has taken place between the parties on 20.05.2023.
5. Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably, it would be in the interest of justice to quash of FIR No.0228 dated 01.05.2018 registered under Section 498A/406/34 IPC at PS Bhajanpura and all the proceedings arising therefrom.
6. I have gone through the settlement agreement which has been placed on record. The parties have settled the matter before the Learned Principal Judge, Family Court, Karkardooma, Delhi on 08.05.2023 on the following terms and conditions:
1. It is agreed between the parties that both the parties shall take divorceas per Muslim Shariyat Law. Parties: further agree that they shall makea divorce deed for the same.
2. Both the parties agree that this is a full & final settlement, the husbandshall pay a sum Rs.2,00,000/- (Rupees Two lakh only) to thewife,against istridhan, dowry articles, iddat period allowance, mehr, alimonyand maintenance (past, present future) to petitioner.
A) It is agreed between the parties that respondent shall pay Rs.1,50,000/- (Rupees one lakh fifty thousand only) to petitioner by way of Demand Draft by 22nd May 23.
B) It is agreed between the parties that respondent shall pay Rs.50,000/- (Rupees fifty thousand only) by way of Demand Draft to petitioner at The time of quashing of FIR 228/18 u/s 498A/406/341PC PS: Bhajanpura, before Hon'ble High Court of Delhi. The wife/DH, shall render cooperation terms of giving affidavit/NOC) in the quashing of the above said FIR and she will appear before the Hon' ble High Court of Delhi(as & when required).
3. It is agreed that both the parties shall withdraw all the cases and complaints filed against each other from the respected Hon'ble courts:
A) The petitioner/DH shall withdraw her execution and any other case pending before LD. Principal Judge Family Court NE KKD, at the time of payment.
B) Both the parties agree that the husband (ID) shall file a quashing petition. (By 30th May 23, for quashing of FIR u/s 498A/406/34 IPC (FIR no.228/18, PS Bhajanpura before Hon'ble Court of Delhi.
4. Both parties agree that they shall not interfere in each other's life and shall not file any case or complaint before any authority or, court of law, vise-a-vis their marriage.
5. Both parties agree that in the event of any breach of the terms of mutually agreed settlement, the Petitioner/DH shall return any amount received & also pay a penalty of Rs.50,000/- to the respondent/JD &similarly, if the respondent/JD commits any default or breach of terms and
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....
The central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of....
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.
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 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.
The court can exercise inherent powers to quash non-compoundable offences, especially in cases of matrimonial differences where parties have reached an amicable settlement.
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 inherent powers under section 482 of the Code to quash non-compoundable offences, particularly in cases of matrimonial differences where parties have reached an amicable settle....
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 exercise inherent powers under Section 482 of the Code to quash non-compoundable offences based on amicable settlements in matrimonial cases, as established in previous judgments.
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