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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Sanjay - Appellant
Versus
State (NCT of Delhi) - Respondent
Crl.M.C. 6322 of 2022 & CM Appl. 24722 of 2022
Decided On : 28-11-2022
| Table of Content |
|---|
| 1. statement of voluntary settlement and divorce details. (Para 1) |
| 2. quashing of fir based on settlement. (Para 2) |
| 3. disposition of petition. (Para 3) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 24722/2022 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 6322/2022
1. Statement of Respondent No.2/Ms. Laxmi Gupta has been recorded separately wherein she has stated that she was married to Sanjay on 04.07.2014. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 05.01.2022 by the Principal Judge, Family Court, Dwarka. She has further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement dated 06.12.2021 before the learned Judge, Family Court, Dwarka, Delhi. As per the settlement, her husband/petitioner No.1 has to pay Rs.2,00,000/- in full and final settlement of the entire dispute and she has already been paid Rs.1,50,000/-. Remaining sum of Rs.50,000/- has been received in cash today, i.e., 28.11.2022 in Court. She has stated that she has no objection if FIR No. 99/2017 registered at P.S. CAW Cell Nanakpura under section 498A/406/34 IPC and all other proceedings emanating 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.Laxmi Gupta recorded separately, the case FIR No. 99/2017 registered at P.S. CAW Cell Nanakpura under section 498A/406/34 IPC and all the proceedings emanating therefrom are quashed.
3. The present petition stands disposed of.
Statement of Ms.Laxmi Gupta w/o Sh. Sanjay d/o Late Sh.Ram Gopal Gupta, r/o B-19, Shishram Park, Uttam Nagar, West Delhi - 110059.
On S.A.
I have entered into a settlement with the petitioners. I was married to Sanjay on 04.07.2014. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 05.01.2022 by the Principal Judge, Family Court.
During divorce proceedings, we have reached into a settlement dated 06.12.2021 before the learned Judge, Family Court, Dwarka, Delhi. As per the settlement, my husband has to pay Rs.2,00,000/- in full and final settlement of the entire dispute. I have already been paid Rs.1,50,000/-. Remaining Rs.50,000/- has been received in cash today in Court i.e. 28.11.2022. I have no objection if FIR No. 99/2017 registered at P.S. CAW Cell Nanakpura and all other proceedings emanated therefrom are quashed.
I am making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.
In matrimonial disputes, mutual settlements reached between parties can justify quashing FIRs if the aggrieved party voluntarily consents.
A voluntary settlement in matrimonial disputes can justify the quashing of an FIR under IPC when there are clear terms and fulfillment of obligations, free from coercion.
The court can quash an FIR under IPC sections when the aggrieved party voluntarily agrees to a settlement and has no objections to the quashing.
Courts should encourage the settlement of matrimonial disputes through amicable settlement, and if the parties have reached a mutual settlement voluntarily without fear, force, or coercion, the same ....
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
Matrimonial disputes should be put to quietus through genuine settlements, and continuing with the FIR may serve no useful purpose if the parties have amicably resolved their disputes.
Encouragement of voluntary settlements in matrimonial disputes and acceptance of such settlements by the court.
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 quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, in line with the principles established in previous cases.
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