In matrimonial disputes, mutual settlements reached between parties can justify quashing FIRs if the aggrieved party voluntarily consents.

Headnote:(A) Indian Penal Code - Sections 498A and 406 - Quashing of FIR - Respondent stated she entered into a mutual settlement with the petitioners, dated 08.12.2021, agreeing on a full and final settlement of Rs.6,50,000/- - Respondent has confirmed receiving the full amount and has no objection to quashing the FIR. (Paras 1, 2)

Facts of the case:
The respondent entered into a marriage with petitioner which ended in a mutual divorce; a settlement was reached during those proceedings regarding financial matters.

Findings of Court:
The court quashed the FIR based on the respondent's statement regarding the settlement and her lack of objection to the quashing.

Issues: The primary issue was whether to quash the FIR based on the settlement reached by the parties.

Ratio Decidendi: The court emphasized that in cases of matrimonial disputes, the agreement reached between the parties is significant and can lead to the quashing of criminal proceedings if the aggrieved party voluntarily consents.

Result: FIR No. 815/2015 and other proceedings quashed.

Table of Content
1. settlement details and agreement. (Para 1)
2. quashing of fir based on settlement. (Para 2)
3. disposition of the petition. (Para 3)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 24637/2022 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 6298/2022

1. Statement of Respondent no.2/Ms.Diksha Bhardwaj recorded separately wherein she has stated that she has entered into a settlement with the petitioners. She married to Nitin Kumar on 01.01.2014. However, the marriage could not succeed and mutual divorce petition was filed and a decree of divorce was granted vide order dated 10.05.2022 by the Principal Judge, Family Court. She has further stated that during divorce proceedings, she along with the petitioners have reached into a settlement dated 08.12.2021 before the learned Judge, Family Court, North-West, Rohini, Delhi. As per the settlement, her husband/petitioner no.1 has to pay Rs.6,50,000/- in full and final settlement of the entire dispute. She stated that she had already been paid Rs.4,25,000/-. Remaining Rs.2,25,000/- has been received today i.e. 28.11.2022 vide demand draft No.231577 dated 14.11.2022 drawn on State Bank of India, Shakarpur, Delhi. She has stated that she has no objection if FIR No. 815/2015 registered at P.S. Shalimar Bagh, Delhi under section 498A/406/34 IPC and all other proceedings emanated therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

2. In view of the statement of respondent no.2/Ms. Diksha Bhardwaj recorded separately, the case FIR No.815/2015, PS Shalimar Bagh, under Sections 498A/406 IPC and all the proceedings emanating therefrom are quashed.

3. The petition stands disposed of.

Click Here to Read the rest of this document