A victim's voluntary statement expressing non-objection and confirming settlement can justify quashing FIR under sections 498A and 406 IPC.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, and 34 - Quashing of FIR - Petition for quashing filed where respondent stated that she had reached a full and final settlement, receiving the agreed sum specified in the divorce proceedings - The statement clearly indicated lack of objection to quashing the FIR. (Paras 1-5)

(B) Legal Principles - A victim’s statement expressing no objection to the FIR and willingness to settle can lead to quashing of the proceedings, subject to the court’s satisfaction of voluntariness and absence of coercion. (Paras 3-5)

Facts of the case:
The petitioner filed for quashing an FIR under IPC sections 498A, 406, and 34. After a mutual divorce was granted, the parties reached a settlement concerning financial matters. The respondent confirmed receipt of the settlement amount and requested for the FIR to be quashed.

Findings of Court:
The court acknowledged the respondent’s complete agreement and absence of coercion, thus allowing the quashing of the FIR.

Issues: Whether the respondent’s statement supports the quashing of the FIR and if it reflects a genuine settlement without coercion.

Ratio Decidendi: The court emphasized that a voluntary statement from the affected party indicating no objection and details of a settlement can justify quashing criminal proceedings.

Result: FIR No. 0665/2019 is quashed.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed for quashing of FIR No. 0665/2019 registered at P.S. Khajoori Khas, Delhi under section 498A/406/34 IPC.

2. Statement of Respondent no.2/Ms.Archana Singh recorded separately wherein she has stated that she married to Rahul Singh on 18.02.2018. However, the marriage could not succeed and mutual divorce petition was filed and a decree of divorce was granted vide order dated dated 25.05.2022 by the Principal Judge, Family Court, North-East, KKD courts, Delhi.

3. She has further stated that during divorce proceedings, she along with the petitioners have reached into a settlement dated 24.09.2021. As per the settlement, her husband/petitioner no.1 had to pay Rs.8,50,000/- in full and final settlement of the entire dispute. She has stated that she has already been paid Rs.6,50,000/- and remaining sum of Rs.2,00,000/- has been received today i.e. 29.11.2022 vide demand draft No.917092 dated 31.10.2022 drawn on Jaipuria Mall, Indirapuram. She has stated that she has no objection if FIR No. 0665/2019 registered at P.S. Khajoori Khas, 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. 0665/2019 registered at P.S. Khajoori Khas, 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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