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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Pawan Kumar – Appellant
Versus
State – Respondent
Cr.M.C. 5906 of 2022, Cr.M.A. 23172 of 2022
Decided On : 17-08-2023
498A/406/34 IPC - Matrimonial Dispute - 498A/406/34 IPC - The court quashed the case FIR No. 256/2016 dated 27.05.2016 registered under sections 498A/406/34 IPC at PS Nangloi and the subsequent proceedings emanating therefrom. The court considered the settlement agreement dated 15.10.2018 and the divorce granted by mutual consent, and held that continuance of the present FIR would serve no useful purpose and may cause prejudice to the petitioner and be an exercise in futility. The court relied on 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 filed a petition seeking quashing of case FIR No. 256/2016 registered under sections 498A/406/34 IPC at PS Nangloi, stating that the parties had already been granted divorce by mutual consent and had settled all their disputes amicably.
Finding of the Court:
The court considered the settlement agreement and the divorce granted by mutual consent, and held that continuance of the present FIR would serve no useful purpose and may cause prejudice to the petitioner and be an exercise in futility.
Issues: Quashing of case FIR No. 256/2016 registered under sections 498A/406/34 IPC at PS Nangloi.
Ratio Decidendi: Cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement.
Final Decision: The court quashed the case FIR No. 256/2016 dated 27.05.2016 registered under sections 498A/406/34 IPC at PS Nangloi and all subsequent proceedings arising therefrom.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed under section 482 Cr.P.C. seeking quashing of case FIR No. 256/2016 dated 27.05.2016 registered under sections 498A/406/34 IPC at PS Nangloi 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 05.12.2014 as per Hindu Rites and Customs. No child was born out of the wedlock. Thereafter, owing to temperamental differences the parties started residing separately since 02.09.2015. Subsequently, respondent No. 2 lodged a complaint before the CAW Cell which culminated into the present FIR against the petitioners herein. Chargesheet is stated to have been filed and the matter is pending adjudication before the Ld. MM, THC, 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 15.10.2018 on the following terms and conditions:
"1 The parties have agreed to dissolve their marriage by mutual consent in accordance with law provided U/s 13B of the Hindu Marriage Act.
2 It is agreed between the parties that husband shall give to the wife two Gold rings as full & final settlement against stridhan, dowry and maintenance (past present and future) qua this marriage....
3 It is further agreed between the parties that the husband will give Two gold rings 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.NIL to the wife at the time of recording of statement of 2nd motion by way of DD/Pay Order.
5. It is further agreed between the parties that the Respondent shall pay NIL to the Petitioner at the time of quashing of FIR No. 256/16 U/s 498(A), 406, 34 P.S. Nangloi in Hon'ble High Court of Delhi within two months after 2nd 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 1st motion petition shall be filed on or before 29th October 2018 and 2ndmotion shall be filed soon after the completion of the statutory period of the order u/s 13B (1) of HMA.
7.......
8. It is further agreed between the parties that petitioner/respondent will withdraw the case which pending in the court of Ms. Reema Singh Nag, Ld. Addl. Principal Judge, Family Court (West), THC. Case-125 CrPC, Execution. Other cases-498A/406/34 IPC FIR Quashing.
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 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 and any time of future in all court of law/police station etc.
12. The above settlement is with respect to all claims of wife past, present and future alimony, stridhan, maintenance, pending amount of maintenance, articles, property etc. and neither she nor her relatives shall claim anything from husband or his family members in future or herself or on her behalf of child/children.
13. It is agreed between the parties that if either of the parties commits breach or default of this mutually agreed settlement after the first motion, if Nil back out the amount taken at the time of the first motion shall be returned to NIL with 2% interest and if Nil backs out the amount given at the time of first motion shall stands forfeited by the.
14. The parties have agreed on each and every terms as recorded in the settlement agreement after carefully reading over and fully understanding and ap
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
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.
Matrimonial disputes should be put to rest if the parties have arrived at a genuine settlement, as established in previous judgments.
The need to put a quietus to matrimonial disputes when parties have arrived at a genuine settlement.
In matrimonial matters, genuine settlement and mutual divorce can be valid grounds for quashing FIR and proceedings.
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 ....
Voluntary settlement in matrimonial disputes and the grant of divorce by mutual consent under the Hindu Marriage Act, 1955.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to rest through genuine settlements, and the rights of children born out of the wedlock should be protected.
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.
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