Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3872

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Kundan Roy & Ors. – Appellants
Versus
State (Govt. NCT of Delhi) Through Sho & Anr. – Respondents
Cr.M.C. 5726 of 2023
Decided On : 11-08-2023

Advocates appeared:
Mr. Satyendra Mishra, Advocate (VC), for the Petitioner and Petitioners in person.
Mr. Digam Singh Dagar, APP.
Respondent-2 in person.

Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.

Headnote:
Quashing - Matrimonial Dispute - Settlement Agreement - Hindu Marriage Act - 13(B) - 498A/406/377/34 IPC
Fact of the Case:

The petitioner filed a petition seeking quashing of a case FIR and subsequent proceedings arising from a matrimonial dispute. The parties had been referred to counseling and voluntarily settled all their disputes, including a divorce by mutual consent and financial settlement.
Finding of the Court:

The court found that the parties had already been granted divorce by mutual consent and had amicably settled all their disputes. The respondent no. 2 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: The main issue was whether to quash the case FIR and subsequent proceedings in light of the amicable settlement between the parties.
Ratio Decidendi: The court relied on previous judgments and held that cases arising from matrimonial differences should be put to rest if the parties have arrived at a genuine settlement. It considered the settlement agreement and the respondent's no objection to pursuing the FIR, leading to the decision to quash the case and subsequent proceedings.
Final Decision: The court quashed the case FIR and all subsequent proceedings arising from it, considering the totality of facts and circumstances and the respondent's submission.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed under section 482 CrPCseeking quashing of case FIR No. 0013/2022 dated 04.01.2022 registered under sections 498A/406/377/34 IPC at PS DayalPur and the subsequent proceedings emanating therefrom. The said FIR was lodged on the complaint of the respondent No. 2/wife.

2. Facts in brief are that the marriage between the petitioner No.1/husband and respondent No. 2/wife was solemnized on 16.02.2020 as per Hindu Rites and Customs at Bihar. No child was born out of the wedlock. Thereafter, owing to temperamental differences the parties started residing separately since 24.08.2020. Consequently, respondent No. 2 got registered the present FIR against the petitioners herein. Chargesheet is stated to not have been filed yet. In addition to the present FIR, the respondent No. 2/wife also filed a maintenance petition u/s 125 Cr.P.C. bearing MT. Case No. 370/2021 and a complaint case bearing CC No. 668/2021 under the DV Act, both pending before the Karkardooma Courts, Delhi.

3. It has been submitted that while the proceedings were underway, the parties were referred to the Counselling Cell, Family Courts, whereby, the parties amicably and voluntarily settled all their disputes on 17.02.2023 on the following terms and conditions:

"1. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided under Section 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.8,00,000/- (Rupees Eight Lacs Only) as full & final settlement (against istridhan and dowry, maintenance towards past, present and future qua this marriage) in three instalments by way of DD/pay order with dowry articles List attached.

3. It is further agreed between the parties that the husband will pay Rs.2,50,000/- (Rupees Two Lacs Fifty Thousand Only) to the wife at the time of recording of the statement of first motion by way of DD/Pay order.

4. It is further agreed between the parties that husband will pay Rs.2,50,000/- (Rupees Two Lacs Fifty Thousand Only) to the wife at the time of recording of statement of second motion by the way of DD/Pay Order.

5. It is further agreed between the parties that the Respondent shall pay Rs.3,00,000/- (Rupees Three Lacs Only) to the Petitioner at the time of quashing of FIR No. 13/2022 U/S 498A/406/377/34 IPC PS Dayalpur, in the Hon'ble High Court of Delhi within 30 days after Second Motion and petitioner shall cooperate and sign all the necessary affidavit & do the needful in quashing of said FIR.

6. It is further agreed between the parties that the first motion petition shall be filed on or before 15/03/23 and second motion petition shall be filed soon after the completion of the statutory period of the order U/S 13 B(1) of HMA.

7...............

8. It is further agreed between the parties that the Petitioner will withdraw the case which is pending in the count of Sh. Ankur Jain, Ld. Judge Family Courts, District-North East, Karkardooma, after first motion.

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

10. It is further agreed between the parties that they shall remain bound with the aforesaid, terms and conditions as 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 at any time of future in any Court of law/Police station etc.

12. The above settlement is with respect to all claims of wife past, present and future alimony, istridhan, maintenance, pending amount of maintenance, articles, property etc. and neither she nor her relatives shall claim anything from husband or his family be in future from herself or on behalf of child/children.

13. It is agreed between the parties that if either of th

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