Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3550

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ravi Kumar Alias Ravi Gupta & Anr. – Appellants
Versus
The State NCT of Delhi & Anr. – Respondents
Cr.M.C. 5440 of 2023
Decided On : 23-08-2023

Advocates appeared:
Mr. Ajit Singh, Advocate, for the Petitioners.
Mr. Hemant Mehla, APP, for the State with SI Ankur, PS Nihal Vihar.
Mr. Suman Suri, Advocate, for the Respondent-2.

Cases arising from matrimonial differences should be put to rest if parties reach an amicable settlement, and the nature of injuries and circumstances should be considered in determining the quashability of the FIR.

Headnote:
Quashing of FIR - Matrimonial Dispute - Section 308/323/34 IPC - Section 482 Cr. PC
Fact of the Case:

The petitioner sought quashing of FIR registered under Sections 308/323/34 IPC, citing amicable settlement and mutual divorce with the respondent after a matrimonial dispute.
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. It considered the nature of injuries and circumstances, and the voluntary settlement between the parties.
Issues: The issues involved the quashing of the FIR, considering the amicable settlement, nature of injuries, and dissolution of marriage by mutual consent.
Ratio Decidendi: The court held that cases arising from matrimonial differences should be put to rest if parties reach an amicable settlement. It considered the nature of injuries and circumstances to determine the quashability of the FIR.
Final Decision: The court quashed the FIR registered under Sections 308/323/34 IPC and all proceedings emanating therefrom, considering the amicable settlement and dissolution of marriage by mutual consent.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 20612/2023 (Exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 5440/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR bearing No. 330/2022 registered at PS Nihar Vihar, under Sections 308/323/34 IPC.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 06.09.2021 in accordance with the Hindu Rites and Ceremonies and this was a second marriage for both the parties. However, on account of temperamental differences and mental incompatibility, the parties started living separately in November 2021 and instituted multiple litigations against each other and their respective families including the present FIR.

3. FIR was lodged on the statement Respondent No. 2 alleging therein that she got married on 6th September 2021 and started living with the petitioner no. 1 along with her two children at House No. G-176 Teacher Nagar Nangloi Delhi. Soon after the marriage, Petitioner No. 1 used to fight with the complainant and her daughter. They had a rift and she wanted to get separated from Petitioner no 1. She had entered into an agreement that when she vacated the house, petitioner No. 1 would give her Rs.2.5 lakh. On 02.02.2022, the complainant was sitting on the terrace with her daughter Pari at 1 PM, then the petitioner No. 1 and his first wife's son Deepak, both came on the terrace and asked why the room was locked. Complainant told that her household items are kept in that room and they will vacate the house in 8-10 days. On this, Deepak hurt the complainant and her daughter Pari on the head with an iron rod due to which complainant and her daughter got hurt on their head, ear, and leg. Thereafter Petitioner No. 1 pushed the complainant from the stairs and assaulted them with his fist. This resulted in the registration of the present FIR.

4. 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 31.03.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.2,60,000/- (Two lakh sixty thousand rupees) in full and final settlement of the entire dispute to respondent no. 2/complainant.

5. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 27.05.2023 passed by Learned Principal Judge, Family Court, Central District, Tis Hazari, Delhi.

6. 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 FIR bearing No. 330/2022 registered at PS Nihar Vihar, under Sections 308/323/34 IPC and all the proceedings emanating therefrom.

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

"1. That the first party has agreed to pay Rs.2,60,000/- (Rupees Two Lacs Sixty Thousand only) towards full and final settlement amount to the second party.

2. That the first party shall pay a sum of Rs.1,00,000/- vide D.D. No. 137739716 drawn on Indian Overseas Bank, Nangloi Branch, Delhi dated 24.03.2022 to the second party and at the time of execution of the present MOS and same day the second party shall vacate her possession along with her children in property bearing no. G-176, Adhyapak Nagar, Nangloi, Delhi-110041 belonging to the first party. The copy of present MOS would be submitted before the Police Station Nihal Vihar, by the Second Party possibly within a week.

3. That the first party shall pay Rs.40,000/- (Rupees Forty Thousand only) out of the total settled amount to the second party at the time of expiry of one year from the date of separation of both the parties i.e. 05