Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3729

IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Vikas Gupta & Ors. – Appellants
Versus
Govt. of NCT of Delhi & Anr. – Respondents
Cr.M.C. 6409 of 2023, Cr.M.A. 24040 of 2023
Decided On : 05-09-2023

Advocates appeared:
Mr. Siddharth Chaudhary, Ms. Mansi Batra, Mr. Vivek Teotia, Advocates with petitioner.
Mr. Digam Singh Dagar, APP and ASI Naushad Haider, PS Bhajanpura. Mr. Pankaj Chauhan, Advocate with R-2.

The court emphasized the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offences and the amicable settlement between the concerned parties in cases arising out of matrimonial differences.

Headnote:
Quashing of FIR - Matrimonial Dispute - Section 498A/406/34 IPC, 3/4 DPA - Section 482 of the Code - Amicable settlement between the parties - 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 - The court exercised its inherent powers under section 482 of the Code to quash the non-compoundable offences after considering the nature of the offences and the amicable settlement between the concerned parties. The court relied on previous judgments to emphasize that cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement.
Fact of the Case:

The petitioner sought quashing of FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA at PS Bhajan Pura, Delhi, as the parties had amicably settled their matrimonial disputes and entered into a settlement agreement.
Finding of the Court:

The court found that the parties had resolved their disputes amicably and exercised its inherent powers under section 482 of the Code to quash the FIR and all proceedings emanating therefrom, considering the nature of the offences and the amicable settlement between the parties.
Issues: The main issue was whether the court should exercise its inherent powers under section 482 of the Code to quash the FIR and all proceedings emanating therefrom, in light of the amicable settlement between the parties.
Ratio Decidendi: The court held that cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement, and relied on previous judgments to emphasize the exercise of inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offences and the amicable settlement between the concerned parties.
Final Decision: FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom were quashed, and the present petition along with all the pending applications stands disposed of.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA(Dowry Prohibition Act) at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 05.12.2015, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Bhavya. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 25.06.2021 and instituted litigation against each other.

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 24.05.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.15,00,000/- (Fifteen Lakhs Only) as a full and final settlement, Out of which Rs 13,00,000/- (Thirteen Lakhs only) has been paid and today demand draft Rs. 2,00,000/- in the name of Tanvi Gupta dated 04.09.2023 bearing NO. 964887 drawn from Punjab National Bank, is handed over to respondent no.2.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 05.08.2023 passed by Learned MM. Ankur Jain, Family Court, Karkardooma Court

5. 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 of FIR No 246/2019, dated 24/05/2019 registered under section 498A/406/34 IPC and 3/4 DPA(Dowry Prohibition Act) at PS Bhajan Pura, Delhi and all the proceedings emanating therefrom.

6. Parties have now settled the matter vide compromise-cum-settlement deed dated 24.05.2022 on the following terms and conditions:

A. "It has been settled between the parties that both the parties have agree to dissolve the marriage with mutual consent and file the divorce with consent before the concerned court.

B. Both the parties agreed that the First party shall give a sum of Rs. 15,00,000/- to the Second party as full and final settlement and dispute arose between the parties during the substance of marriage.

C. Whereas it has been agree between the parties that the first party has already paid a sum of Rs. 5,00,000/- (DD No. 036013) out of total Rs. 15,00,000/- to the second party on 25th June 2021.

D. Whereas it has been agreed between the parties that the First party shall pay a sum of Rs. 4,00,000/- either in cash or draft out of the remaining balance of Rs. 10,00,000/- at the time of recording of the Statement on first motion divorce petition before the concerned court.

E. Whereas it has been agreed between the parties that the First party shall withdraw this aforesaid petition i.e., divorce petition, before the concerned court after filling of the second motion and before recording of the statement of the second motion.

F. Whereas it has been agreed between the parties that the Second party agreed to withdraw her aforesaid petition i.e., petition under section 12 PWDV Act and there execution petitions pending before the concerned court after filling of the second motion and before recording the statement of the second motion.

G. Whereas it has been agreed between the parties that the First party shall pay a sum of Rs. 4,00,000/- out of remaining balance of Rs. 6,00,000/- either in case or draft at the time of recording the statement on second motion divorce petition before the concerned court.

H. Whereas both the parties have been agreed that the custody of Minor child Namely Bhavya will remain with the first party and both the parties agreed to have visitation right of the second party on 2nd and 4th Sunday of every month to meet her minor c