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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Arshpreet Singh & Ors. – Appellants
Versus
State & Anr. – Respondents
W.P.(Cr) 2435 of 2023
Decided On : 25-08-2023
498A/406/34 IPC - Quashing of FIR - Section 12 of the Protection of Women from Domestic Violence Act - Settlement agreement - Exercise of inherent powers under section 482 of the Code - Amicable settlement in matrimonial differences
Fact of the Case:
The petition was filed for quashing of FIR No.0442 dated 14.07.2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar. The parties had resolved their disputes amicably and entered into a settlement agreement, leading to a mutual divorce decree.
Finding of the Court:
The court found that the parties had entered into an amicable settlement out of their own free will, without any fear, force, or coercion. It considered that no purpose would be served in continuing with the trial and quashed the FIR and all other proceedings emanating therefrom.
Issues: Quashing of FIR under Section 498A/406/34 IPC, exercise of inherent powers under section 482 of the Code, and amicable settlement in matrimonial differences.
Ratio Decidendi: The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement.
Final Decision: FIR No.0442/2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar and all the other proceedings emanating therefrom were quashed. The petition along with the pending application stands disposed of.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 22941/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
W.P.(CRL) 2435/2023 & CRL.M.A. 22940/2023 STAY
1. The present petition has been filed for quashing of FIR No.0442 dated 14.07.2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar. The said FIR was lodged on the complaint of respondent No. 2/wife against 4 accused persons namely;Arshpreet Singh/Husband, Amarjit Singh/Father-in-law, Rajni Kaur/Mother-in-law and Deeplyot Kaur/Sister-in-law. However, only 3 of those accused persons named in the FIR have been made party in the present petition i.e. Arshpreet Singh, Amarjit Singh and Rajni Kaur. It has been submitted that the present quashing is being sought only qua the 3 petitioners herein.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 08.03.2019in accordance with the Hindu Rites and Ceremonies. 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. Learned counsel for respondent no.2 submits that the charge sheet has been filed but the learned counsel for the petitioner submits that he has not received the same.
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 17.12.2022.
4. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.40,00,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.
5. 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 12.07.2023passed by Family Courts,Patiala House Courts, Delhi.
6. 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.0442/2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar and all the proceedings emanating therefrom qua the petitioners herein.
7. 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 DD bearing no.433015 dated 22.08.2022 for a sum of Rs.15 lakhs drawn on IndusInd Bank, Nirvana Country, Gurgaon, Haryana was given to 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 dated12.07.2023, she has no objection if FIR No.0442/2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar and all the proceedings emanating therefrom are quashed qua the petitioners herein.
8. 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 parties to this deed are entering into this settlement deed at their own free will, volition and consent and without any undue pressure, force, coercion, or influence of any kind.
2. That the following cases exist between the parties as of today: Case u/s 12 of the Protection of Women from Domestic Violence Act instituted by the Second Party having Ct No. 23839 of 2019 pending before the court of Ms. Preeti Rajoria, Metropolitan Magistrate - Mahila Court, North-West District, Court No. 18, Rohini Courts, Delhi and next date of hearing is 09.12.2022.
3. A FIR bearing no. 442/2020 dated 14.07.2020 u/s 498A/406/34 P.S. Bharat Nagar, Delhi having Second Party as complainant and First Party and his family members as Accus
The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of amicable settlement in matrimonial differences.
The main legal principle established is the encouragement of amicable settlements in matrimonial disputes, as well as the voluntary nature of settlements and the absence of fear, force, or coercion.
The voluntary and amicable nature of a settlement in cases arising from matrimonial differences can be a basis for quashing non-compoundable offences under relevant legal provisions.
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
The court can exercise 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 parties.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, in line with the principles established in previous cases.
The court's decision was based on the amicable settlement, dissolution of marriage by mutual consent, and the nature of the offence under the Hindu Marriage Act, 1955.
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.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
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