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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Deepak Kapoor - Appellant
Versus
State Gnct - Respondent
Cr.M.C. 6818 of 2023
Decided On : 20-09-2023
498A/406/34 IPC - Quashing of FIR - Sections 498A/406/34 IPC - The court referred to the inherent powers under section 482 of the Code and the ability of the High Court to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. The court cited relevant cases and emphasized that cases arising out of matrimonial differences should be put to rest if the parties have reached an amicable settlement.
Fact of the Case:
The petitioner sought quashing of a case FIR under Sections 498A/406/34 IPC, stating that the parties had resolved their disputes amicably and entered into a settlement agreement before the Mediation Centre. A mutual divorce petition was also filed and granted.
Finding of the Court:
The court found that the parties had reached an amicable settlement and that continuing with the trial would serve no purpose. The court considered that the settlement was entered into voluntarily and without coercion, and thus quashed the FIR and all proceedings emanating therefrom.
Issues: Quashing of FIR under Sections 498A/406/34 IPC, amicable settlement between parties, voluntary nature of the settlement
Ratio Decidendi: The court's decision was based on the voluntary and amicable nature of the settlement, the ability of the High Court to quash non-compoundable offences, and the precedent that cases arising from matrimonial differences should be put to rest if an amicable settlement is reached.
Final Decision: The court quashed the FIR and all proceedings emanating therefrom, considering the amicable settlement reached by the parties.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 25470/2023
Exemption allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 6818/2023
1. The present petition has been filed seeking quashing of case FIR No. 0902/2021 dated 23.10.2023 under Sections 498A/406/34 IPC registered at PS Rajouri Garden, West Delhi.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 27.11.2014 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 10.01.2020 and instituted multiple litigations against each other and their respective families including the present FIR.
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 23.08.2023 before the Mediation Centre, Tis Hazari. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 2,50,000/- (Rupees two lacs fifty thousand only) in full and final settlement of the entire dispute to respondent no. 2/complainant.
4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 09.05.2023 passed by Learned Judge, Family Courts, Tis Hazari.
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 FIR No. 0902/2021 dated 23.10.2023 under Sections 498A/406/34 IPC registered at PS Rajouri Garden, West Delhi all the proceedings emanating therefrom.
6. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: 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.
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 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 09.05.2023, she has no objection if FIR No. 0902/2021 dated 23.10.2023 under Sections 498A/406/34 IPC registered at PS Rajouri Garden, West Delhi and all the proceedings emanating therefrom.
8. The settlement agreement provides for the following Terms and conditions:
"1. It is agreed between the parties that they shall dissolve their marriage by obtaining a decree of divorce by way of mutual consent/court decree in the concerned court in Delhi.
2. It has been agreed between the parties that the respondent/husband Mr. Deepak Kapoor shall pay a total sum of Rs. 2,50,000/- (Rupees two lacs fifty thousand only) to the wife Ms. Vidhi Kapoor towards full and final settlement of all her claims including istridhan, maintenance (present, past and future) and permanent alimony etc.
3. That the above said settlement amount shall be paid in the following manner:
(i) 1st installment of Rs. 80,000/- (Rupees eighty thousand only) shall be paid by way of DD/electronic mode in the name of wife at the time of recording or statements of the parties in first motion which shall be filed within 15 days from
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 court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.
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 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....
The court can exercise inherent powers to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, especially in cases of matrimoni....
The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement....
The court can exercise its inherent powers to quash non-compoundable offences, especially in matrimonial disputes, if the parties have reached an amicable settlement.
The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties, using inherent powers under section 482 of the Cod....
High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.
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