A party may seek to quash FIR based on a mutual settlement in divorce proceedings, provided the affected party expresses no objection voluntarily and without coercion.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Quashing of FIR - The petitioner sought to quash FIR under sections pertaining to dowry and criminal breach of trust after reaching a settlement with the respondent. The respondent voluntarily expressed no objection to quashing the FIR, having received full payment as per the settlement. (Paras 1-5)

(B) Divorce Proceedings - The court recognized the settlement terms achieved during divorce proceedings indicating that the respondent's voluntary agreement negates the foundation for the FIR. (Paras 2-3)

Facts of the case:
The petitioner was involved in a case under sections 498A, 406, and 34 IPC, following a marriage on 08.03.2018 that subsequently ended in divorce granted on 20.09.2022, with a mutual settlement reached.

Findings of Court:
The court accepted the respondent's affirmation of the settlement, allowing the quashing of the FIR based on her voluntary statement made before the court.

Issues: The main issue was whether the FIR could be quashed following a settlement between the parties before the Family Court.

Ratio Decidendi: The court ruled that in light of the mutual settlement between the parties and the respondent’s clear and voluntary statement of no objection, the FIR was subject to quashing.

Result: FIR No. 0156/2019 quashed and the petition disposed of.

Table of Content
1. quashing of fir based on mutual settlement (Para 1 , 2 , 3)
2. court's acceptance of voluntary settlement (Para 4 , 5)
3. final order disposing of the petition (Para 6)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 24780/2022 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 6339/2022

1. Present petition has been filed for quashing of FIR No. 0156/2019 registered at P.S. Shalimar Bagh, Delhi under section 498A/406/34 IPC.

2. Statement of Respondent no.2/Ms.Renu has been recorded separately wherein she has stated that she was married to Vijay Kumar on 08.03.2018. However, the marriage could not succeed and mutual divorce petition was filed and a decree of divorce was granted vide order dated 20.09.2022 by the Principal Judge, Family Court, South, Saket, New Delhi.

3. She has further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement dated 14.03.2022 before the Judge Incharge, Mediation Centre, Saket Courts. As per the settlement, her husband/petitioner no.1 has to pay Rs.10,50,000/- in full and final settlement of the entire dispute. She had stated that she has already been paid Rs.7,00,000/- and remaining Rs.3,50,000/- has been received today i.e. 29.11.2022 vide demand draft No.162062 dated 10.11.2022 drawn on State Bank of India, PBB, New Delhi. She has stated that she has no objection if FIR No. 0156/2019 registered at P.S. Shalimar Bagh, Delhi 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.

4. Respondent no.2 has duly been identified by the I.O.

5. In view of the statement of respondent no.2/Ms. Renu recorded separately, the case FIR No. 0156/2019 registered at P.S. Shalimar Bagh, Delhi under section 498A/406/34 IPC and all other proceedings emanating therefrom are quashed.

6. The petition stands disposed of.

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