Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3991

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Tej Pal – Appellant
Versus
State of NCT Delhi – Respondent
Cr.M.C. 4384 of 2022
Decided On : 22-08-2023

Advocates appeared:
Mr. Jitendra Singh, Advocate with Petitioners.
Mr. Hemant Mehla, APP and SI Hemant and ASI Parmanand, PS Sultanpuri.
Mr. Prashant Yadav and Ms. Laxmi Gaur, Advocates, for the Respondent-2.

The central legal point established is the importance of voluntary and amicable settlements in matrimonial disputes, leading to the quashing of criminal proceedings.

Headnote:
498A/406/34 IPC - Settlement Agreement - 498A, 406, 34 IPC
Fact of the Case:

The petitioner filed a petition to quash FIR No. 747/2016 under section 498A/406/34 of IPC, citing settlement between the parties, mutual divorce, and amicable resolution of disputes.
Finding of the Court:

The court found that the parties had resolved their disputes amicably, entered into a settlement agreement, and obtained a mutual divorce decree. The court considered the voluntary nature of the settlement and the dissolution of the marriage, leading to the quashing of the FIR and all proceedings.
Issues: The issues involved the settlement agreement, mutual divorce, and the quashing of FIR No. 747/2016 under section 498A/406/34 of IPC.
Ratio Decidendi: The court's decision was influenced by the voluntary nature of the settlement, the dissolution of the marriage, and the principles established in previous cases, emphasizing the need to put matrimonial differences to rest through amicable settlements.
Final Decision: FIR No. 747/2016 under section 498A/406/34 of IPC at P.S. Sultanpuri and all proceedings emanating therefrom were quashed, and the petition along with pending applications was disposed of.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing FIR No. 747/2016 under section 498A/406/34 of IPC at P.S. Sultanpuri on the grounds of settlement.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 29.04.2013 in accordance with the Hindu Rites and Ceremonies. Out of the said wedlock one child namely Baby Hithashi was born on 12.11.2014. However, on account of temperamental differences and mental incompatibility, the parties started living separately since June 2015 and instituted multiple litigations against each other and their respective families including the present FIR.

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 17.09.2018 before the Delhi Mediation Centre, Rohini District Courts. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.7,40,000/- (Seven lakh and forty thousand rupees only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 18.01.2020 passed by Learned Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi.

5. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 747/2016 under section 498A/406/34 of IPC at P.S. Sultanpuri and all the proceedings emanating therefrom.

6. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:

"1) The parties shall get dissolved their marriage by a decree of divorce by mutual consent without leveling allegations and counter-allegations against each other in accordance with law before the Court of competent jurisdiction at Delhi.

2) The parties have settled all their disputes and differences for a total sum of Rs.7,40,000/- (Rupees Seven Lakh Forty Thousand Only) as full and final settlement of the all the claims of complainant/wife with regard to maintenance (past, present and future), permanent alimony, stridhan, dowry articles, maintenance and maintenance of child etc.

3) The settlement amount of Rs.7,40,000/- (Rupees Seven Lakh Forty Thousand Only) shall be paid by the respondent/husband to the complainant/wife by way of cash/DD, in the following manner:

i) Rs.2,40,000/- (Rupees Two Lakh Forty Thousand Only) at the time of recording statements in First Motion Petition Under Section 138(1) of Hindu Marriage Act which shall be filed by the parties jointly on or before 15.10.2018.

ii) Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) at the time of recording statements in Second Motion petition Under Section l.3B(2) of Hindu Marriage Act which shall be filed by the parties jointly within the stipulated period of six months or if the funds arrange and parties want to file it earlier then they may file an I appropriate application, in accordance with law.

iii) Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only)at the time of quashing of aforementioned FIR No.747/16 P.S. Sultanpuri, U/s 498A/406/34 IPC, titled State Vs. Tejpla & Ors.' which shall be filed by the accused persons before the Hon'ble High Court of Delhi within three month of passing of decree of divorce in second motion. The complainant/wife shall cooperate in quashing of the aforesaid FIR and shall appear and make necessary statement before the Hon'ble High Court of Delhi, if required.

4) In terms of the present settlement, complainant/wife shall withdraw the present case from the Ld Referral Court on date fixed i.e. 05.11.2018. The connected Divorce Petition shall be withdrawn by the respondent/husband tomorrow i.e. 18.09.2018.

5) I

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