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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sanjay & Ors. – Appellants
Versus
The State of NCT of Delhi & Anr. – Respondents
Cr.M.C. 7019 of 2022
Decided On : 23-08-2023
Section 482 CrPC - Quashing of FIR - Settlement agreement under Hindu Marriage Act 1956 - 13-B(1) and 13-B(2) - Sections 498A/406/34 IPC - [Hindu Marriage Act 1956, Special Marriage Act 1954, Sections 13-B(1), 13-B(2), 498A, 406, 34 IPC] - The court considered the settlement agreement under the Hindu Marriage Act 1956, the nature of the offences under Sections 498A/406/34 IPC, and the principles laid down in 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, and quashed the FIR and all proceedings emanating therefrom.
Fact of the Case:
The petitioner filed for quashing of FIR no.542/2017 registered under Sections 498A/406/34 IPC at PS Bhalsa Dairy, citing an amicable settlement with the respondent after their divorce.
Finding of the Court:
The court found that the parties had entered into an amicable settlement under the Hindu Marriage Act 1956, without any fear, force, or coercion, and decided to quash the FIR and all proceedings emanating therefrom.
Issues: The main issue was whether the court should quash the FIR and proceedings based on the amicable settlement between the parties.
Ratio Decidendi: The court considered the settlement agreement under the Hindu Marriage Act 1956, the nature of the offences under Sections 498A/406/34 IPC, and the principles laid down in previous cases, and concluded that the parties should be given an opportunity to lead their lives peacefully.
Final Decision: The court quashed FIR no.542/2017 registered under Sections 498A/406/34 IPC at PS Bhalsa Dairy and all the other proceedings emanating therefrom.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 CrPC for quashing of FIR no.542/2017 registered under Sections 498A/406/34 IPC at PS Bhalsa Dairy.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 11.12.2005 in accordance with the Hindu Rites and Ceremonies. Further, it has been submitted that there is no child born out of their wedlock. However, it has been submitted that, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Trial Court.
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 21.12.2019, before the Family Court, Shahadara, Kakardooma Court. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.4,50,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.
4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated 23.03.2021 passed by Learned Principal Judge, Family Courts, Karkardooma, Delhi.
5. The 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 FIR no.542/2017 registered under Sections 498A/406/34 IPC at PSBhalsa Dairy and all the proceedings emanating therefrom.
6. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She submits that a draft bearing DD no. 445532 dated 01.12.2021 (revalidated on 21.08.2023) for the sum of Rs.1,50,000/- drawn on Central Bank of India in the name of Kavita was given her in court today. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 23.03.2021, she has no objection if FIR no.542/2017 registered under Sections 498A/406/34 IPC at PSBhalsa Dairy and all the proceedings emanating therefrom are quashed.
7. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:
1. It is agreed between the parties the both the parties shall dissolve their marriage by filing a petition under section 13-B (1) and 13 B(2) of Hindu Marriage Act 1956/Special Marriage Act 1954 etc. On the ground of mutual consent before the Hon'ble Family Court, New Delhi.
2. It is further agreed between the parties that the first motion petition shall be filed preferably on or before 15/01/2020.
3. It is further agreed between the parties that after expiry of mandatory prescribed period of six (6) month or any other earlier, if any so permitted under the law/judicial pronouncement they will file second motion as contemplated under the Hindu marriage act 1956 or in any other law and both the parties shall cooperate in the entire process of mutual consent divorce proceedings and shall duly appear before the Hon'ble court for recording of their respective statement as required in law for the first and second motion.
4. It is agreed between the parties that the petitioner/respondent shall pay lump sum consideration of Rs.4,50,000/- four lac fifty thousand, to the petitioner/respondent as full and final settlement (against the child/children maintenance towards past present and future, and the petitioner's/respondent's past present and future maintenance, per
The court can exercise inherent powers to quash non-compoundable offences based on amicable settlements between the parties, especially in cases of matrimonial disputes.
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 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.
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The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of matrimonial disputes where the parties have reached an amicable settlem....
The court can exercise its inherent powers under Section 482 of the Code to quash proceedings based on an amicable settlement between the parties, in order to secure the ends of justice and prevent a....
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, especially in cases arising out of matrimonial dif....
Courts can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of matrimonial differences where the parties have reached an amicable settlem....
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