Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3686

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Akashdeep Nanda & Ors. – Appellants
Versus
State NCT of Delhi & Anr. – Respondents
Cr.M.C. 6284 of 2023
Decided On : 04-09-2023

Advocates appeared:
Mr. ChanderPrabhu and Mr. Anand Kumar Dwivedi, Advocates, for the Petitioner.
Mr.Digam Singh Dagar, APP, for the State with SI Vandana PS Hari Nagar
Mr. Dishant Chaudhary, Advocate, for the Respondent-2.

The court can exercise its inherent powers to quash non-compoundable offences based on amicable settlements in matrimonial cases, considering the nature of the offence and the settlement between the parties.

Headnote:
498A/406/34 IPC - Quashing of FIR - Section 482 Cr. PC
Fact of the Case:

The petitioner sought quashing of FIR No.733/2021 registered under Section 498A/406/34 IPC, stating that the parties had resolved their disputes amicably and entered into a settlement agreement, including seeking mutual divorce and payment of settlement amount.
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, and quashed the FIR and all proceedings emanating therefrom.
Issues: The main issue was whether the court should exercise its inherent powers under Section 482 of the Code to quash the FIR and proceedings based on the amicable settlement between the parties.
Ratio Decidendi: The court relied on the principle that cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement, citing relevant case laws. It considered the nature of the offence and the amicable settlement between the parties before quashing the FIR.
Final Decision: FIR No.733/2021 registered at PS Hari Nagar under Section 498A/406/34 IPC and all the other proceedings emanating therefrom were quashed. The petition and pending applications were disposed of.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 23528/2023

Exemption is allowed subject to all just exceptions.

CRL.M.C. 6284/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No.733/2021 registered at PS Hari Nagar under Section 498A/406/34 IPC.

2. Briefly stated, in the present FIR, it has been alleged by the complainant that she got to know petitioner no 1 through social media, and with the passage of time, they got close to each other and thereafter got married on 13.12.2020. After the marriage, the in-laws of the complainant started harassing her and causing mental, physical, sexual,emotional, and economic torture which resulted in the registration of the present FIR.

3. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 22.11.2020 in accordance with the Hindu Rites and Ceremonies. However, 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 charge-sheet, in this case, has already been filed and the matter is pending before the Ld. M.M.(Mahila Court)-02, West District, THC, Delhi.

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 03.06.2023 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. However, no child was born out of the said wedlock. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.15,50,000/- (Rupees Fifteen Lakh and Fifty thousand only) 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 the parties submitted that the first motion of divorce had already been granted.

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.733/2021 registered at PS Hari Nagar under Section 498A/406/34 IPC and all the proceedings emanating therefrom.

7. I have gone through the settlement which has been placed on record. The settlement agreement deed dated 03.06.2023 provides for the following terms and conditions:

"a) The complainant/wife and the respondent/husband shall seek divorce by mutual consent.

(b) The respondent/husband shall pay a sum of Rs.15,50,000/- (Rupees fifteen lakhs and fifty thousand only), in three installments, by way of demand draft/electronic mode, to the complainant/wife towards full and final settlement of all her claims regarding dowry, stridhan, permanent alimony and maintenance (past, present and future), as under:

(c) The first installment of Rs.7,50,000/- (Rupees seven lakhs fifty thousand only) shall be paid by the respondent/husband to the complainant/wife at the time of recording of their joint statement in the first motion petition u/s 13 B (1) of HMA, which shall be filed jointly by them on or before 15.07.2023.

(d) The second installment of Rs.4,00,000/- (Rupees four lakhs only) shall be paid by the respondent/husband to the complainant/wife at the time of recording of their joint statement in the second motion petition u/s 13 B (2) of HMA. Both the parties shall move second motion petition for divorce, within one month of the expiry of the minimum statutory period or any time sooner as per law.

(e) The third installment of Rs.4,00,000/- (Rupees four lakhs only) shall be paid by the respondent/husband to the complainant/wife, at the time of filing of petition for quashing of FIR No. 733/2021, us 498-A/406/34 IPC, PS: Hari Nagar, which shall be filed before the Hon'ble High Court of Delhi within thirty days after passing the order in second motion petition. The co