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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Meetu Bhutani - Appellant
Versus
Gaurav Sabharwal - Respondent
MAT.APP.(F.C.) 242 of 2019
Decided On : 05-10-2023
Settlement Agreement - Family Law - The court discussed the settlement agreement between the parties, which included the payment of a one-time settlement towards maintenance, handing over of jewellery items, quashing of a criminal case, and mutual agreement not to file any future cases against each other. The court emphasized the voluntary nature of the settlement and the parties' declaration of entering into the agreement without any force, pressure, fraud, coercion, or undue influence.
Fact of the Case:
The appellant-wife filed an appeal seeking to set aside a judgment granting divorce to the respondent-husband on the ground of cruelty. The parties were referred to mediation, and a settlement agreement was reached, resolving their disputes and differences.
Finding of the Court:
The court found that the parties had voluntarily arrived at an amicable resolution of their disputes through a settlement agreement, and as a result, nothing remained for consideration in the present appeal. The court took note of the undertaking by the parties to remain bound by the terms of the settlement, with a warning of potential prosecution under the Contempt of Courts Act, 1971 for any breach.
Issues: The main issue was the validity and enforceability of the settlement agreement reached between the parties, and whether it rendered the appeal for setting aside the divorce judgment moot.
Ratio Decidendi: The court's decision was influenced by the voluntary nature of the settlement agreement, the mutual agreement of the parties not to file any future cases against each other, and the declaration of entering into the agreement without any force, pressure, fraud, coercion, or undue influence.
Final Decision: The court disposed of the present appeal and pending application, with the appellant seeking liberty to get it revived if necessary.
JUDGMENT (Oral)
1. The present appeal under Section 19(1)(4) of the Family Courts Act, 1984 has been filed by the appellant-wife seeking setting aside of judgment dated 12.07.2019 passed by learned Family Court, Delhi in HMA No.555/2017 (Old No.860/2016), allowing a petition for divorce filed by the respondent on the ground of cruelty and dissolving the marriage of the parties.
2. Vide order dated 21.03.2023, parties were referred to Delhi High Court Mediation and Conciliation Centre. A settlement agreement dated 13.09.2023 has been arrived at between the parties at Delhi High Court Mediation and Conciliation Centre (SAMADHAN) whereby parties have voluntarily arrived at an amicable resolution of their disputes and differences.
3. Today, learned counsel for the parties submits that the parties have mutually agreed to settle inter se disputes on following terms and conditions:
(i) The Parties have agreed that an amount of Rs.7,00,000/- (Rupees Seven Lakhs Only) will be paid by the respondent- husband to the appellant-wife as a one-time settlement towards maintenance (interim as well as permanent), alimony, stridhan and or any other claims.
(ii) All the jewellery items as per the list signed and exchanged by the Parties is being handed over to the appellant-wife by the respondent-husband at the time of quashing of the Criminal Case No. 3728/2019.
(iii) The respondent-husband will file a petition for quashing of the abovementioned Criminal Case No.3728/2019 before the Hon'ble High Court within 30 days from today, the date of signing this Settlement Agreement, and not later than 45 days.
(iv) It is further agreed by the appellant-wife that she will furnish the necessary affidavit recording her no-objection to an order to quash the Criminal Case No.3728/2019. It is further agreed by her that she will appear before the Hon'ble Court, if so required, in the petition for quashing the Criminal Case No.3728/2019.
(v) The said agreed amount of Rs.7,00,000/- shall be paid by way of a demand draft in the name of the appellant-wife, upon the order of quashing the Criminal Case No.3728/2019 being passed by the Hon'ble Court.
(vi) Upon the order of quashing the Criminal Case No.3728/2019 and upon payment of Rs.7,00,000/- to the appellant-wife by the respondent-husband all the disputes and difference will be treated as settled and no claims whatsoever shall remain pending between them.
(vii) Both the Parties to this Settlement Agreement hereby declare that they are entering into this Settlement Agreement after having taken legal advice and without being under any kind of force, pressure, fraud, coercion or undue influence.
(viii) The Parties undertake not to file any case/petition/suit in future with respect to this matrimony against each other or their family members in any court of law, subject to adherence to terms of this Settlement Agreement.
(ix) It is further agreed between the parties that they have not filed any other petition, complaint or case before any court or authority. In case it is found that there is any case pending anywhere, the same shall be deemed to have been withdrawn and settled.
4. Learned counsel appearing on behalf of parties submit that parties have once for all settled their disputes in terms of aforesaid settlement arrived at Delhi High Court Mediation and Conciliation Centre. Learned counsel appearing from both the sides, on instructions, submit that parties shall remain bound by the terms of settlement.
5. Having regard to the fact that the parties to the present appeal have resolved their disputes in terms of settlement agreement dated 13.09.2023 arrived at Delhi High Court Mediation and Conciliation Centre, nothing survives for consideration in the present appeal. The undertaking furnished on behalf of the parties that they shall remain bound by the terms of the settlement, is taken on record while making it clear that the erring party shall be liable to be prosecuted under the provisions of Contempt of Courts Act, 1971.
6.
The voluntary nature of the settlement agreement and the mutual agreement of the parties not to file any future cases against each other were central to the court's decision.
The court's decision was influenced by the power of the High Court to quash criminal proceedings based on amicable settlement, as distinct from the power given to a criminal court for compounding the....
The court emphasized the importance of considering the nature and gravity of the crime, and the impact on society, when deciding to quash criminal proceedings based on settlement, as outlined in the ....
The voluntary nature of an amicable settlement, absence of coercion, and the interest of justice are crucial in deciding to quash proceedings arising from a settled matrimonial dispute.
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