Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3703

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Murari Lal & Ors. – Appellants
Versus
State & Anr. – Respondents
Cr.M.C. 6305 of 2023 and Cr.M.C. 6306 of 2023
Decided On : 01-09-2023

Advocates appeared:
Mr. Vikrant Malik, Advocate with Petitioners.
Mr. Hemant Mehla, APP and SI Naresh Kumar, PS Dabri.
Ms. Dimple, Advocate with Respondent-2.

The central legal point established is the court's authority to quash criminal proceedings in matrimonial disputes based on genuine settlements, as supported by legal precedents.

Headnote:
Quashing of Criminal Proceedings - Matrimonial Dispute - Settlement Agreement - Section 482 CrPC - 13(B) of the Hindu Marriage Act - 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 sought quashing of two FIRs related to a matrimonial dispute, citing settlement through a mutual divorce petition and a settlement agreement.
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. It noted that the complainant no longer wished to pursue the complaints, and the chances of conviction were bleak given the settlement.
Issues: The issues involved the quashing of FIRs under section 482 CrPC, considering the settlement agreement and the nature of the disputes.
Ratio Decidendi: The court emphasized the need to adopt a pragmatic approach and quash criminal proceedings for justifiable reasons, especially in matrimonial disputes with genuine settlements. It relied on legal precedents to support the decision.
Final Decision: The court quashed the FIRs and subsequent proceedings, disposing of the petitions and applications.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 23608/2023 (exemption)

CRL.M.A. 23611/2023 (exemption)

Exemption allowed subject to all just exceptions.

Applications stand disposed of.

CRL.M.C. 6305/2023

CRL.M.C. 6306/2023

1. The present petitions have been filed under section 482 CrPC seeking the quashing of case FIR No. 0251/17 dated 15.05.2017 under section 323/308/506/34 IPC registered at PS Dabri, South-West Delhi and FIR No. 0052/18 dated 13.01.2018 under section 498A/406/34 IPC registered at PS Bindapur, New Delhi.

2. FIR No. 0251/17 was lodged on the statement of respondent No.2/ Deepak Kumar alleging therein that the petitioner, his mother along with her mausi daughter `Jyoti' and Jyoti's brother went to take articles from her husband/Vimal's house, on which Jyoti's in-laws started beating them and did not let them take articles home. Respondent no.2/ Vimal who is the husband of Jyoti also hit a brick on the head of the complainant with the intention to kill him due to which he sustained injuries and had to be taken to the hospital.

3. In FIR No. 0052/18 was lodged on the statement of respondent No.2/ Jyoti regarding the quarrels and beating caused to the complainant by her husband and her family members.

4. It has been submitted that in fact, the present dispute is a matrimonial dispute between Ms. Jyoti and Mr. Vimal Kumar.

5. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 12.11.2009 in accordance with the Hindu Rites and Ceremonies. There are two daughters born out of the said wedlock, one child namely, `Aashi' was born on 16.12.2010 and a second child `Arshi' was born on 12.01.2016 and are in the care and custody of mother Jyoti. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 08.05.2018 and instituted multiple litigations against each other and their respective families including the present FIR.

6. 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 11.06.2018 before the Counselling Cell, Family Courts, Dwarka, Delhi.

7. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

8. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 15.02.2019 passed by Learned Principal Judge, Family Courts, South-West, Dwarka, Delhi.

9. 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. 0251/17 dated 15.05.2017 under section 323/308/506/34 IPC registered at PS Dabri, South-West Delhi and FIR No. 0052/18 dated 13.01.2018 under section 498A/406/34 IPC registered at PS Bindapur, New Delhi and all the proceedings emanating therefrom.

10. The settlement agreement provides for the following terms and conditions:

"1. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided Under Section 13 (B) of the Hindu Marriage Act.

2. It is agreed between the parties that respondent/husband shall pay to petitioner/wife a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as a full and final settlement against the stridhan, dowry articles, gold ornaments and permanent alimony and also towards past, present and future maintenance of her and her two daughters namely Aashi aged about 7 years and Arshi aged about 2 years and nothing will remain due qua this marriage including maintenance cars after the payment of aforesaid full and final amount. The respondent will also hand over Honda Stainer/Stenner bike of Red Colour bearing No.DL-8S AR 7633 Origina