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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Ankush Sood - Appellant
Versus
State of NCT of Delhi - Respondent
Crl.M.C. 6351 of 2022
Decided On : 29-11-2022
| Table of Content |
|---|
| 1. quashing of fir based on mutual agreement (Para 1 , 2 , 3) |
| 2. conclusion to quash fir (Para 4 , 5) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 24814/2022 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 6351/2022
1. Present petition has been filed for quashing of FIR No.1606/2015 registered at P.S. Malviya Nagar, Delhi under section 498A/406/34 IPC.
2. Statement of respondent no.2/Ms.Tara Sharma has been recorded separately wherein she has stated that she was married to Mr.Ankush Sood on 05.03.2013. However, the marriage could not succeed and mutual divorce petition was filed and a decree of divorce was granted vide order dated 13.05.2022 by the Principal Judge, Family Court, South, New Delhi.
3. She has further stated that during divorce proceedings, she along with the petitioners arrived at a settlement dated 24.09.2021 before the Mediation Centre, Saket. As per the settlement, her husband had to pay Rs.2,75,000/- in full and final settlement of the entire dispute. She stated that she had already been paid Rs.2,00,000/- and remaining sum of Rs.75,000/- was received today i.e. 29.11.2022 vide bankers cheque No.436213 dated 03.10.2022 drawn on State Bank of India, Prasar Bharti, Delhi. She stated that she has no objection if FIR No.1606/2015 registered at P.S. Malviya Nagar, Delhi under section 498A/406/34 IPC and all other proceedings emanating therefrom are quashed. She further stated that she has made the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.
4. In view of the statement of respondent no.2/Ms.Tara Sharma, the case FIR No.1606/2015 registered at P.S. Malviya Nagar, Delhi under section 498A/406/34 IPC and all other proceedings emanating therefrom are quashed.
5. The petition stands disposed of.
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.
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.
In matrimonial disputes, mutual settlements reached between parties can justify quashing FIRs if the aggrieved party voluntarily consents.
A victim's voluntary statement expressing non-objection and confirming settlement can justify quashing FIR under sections 498A and 406 IPC.
In cases of mutual settlement in matrimonial disputes, a victim's voluntary statement of non-objection can lead to quashing of related FIRs and proceedings.
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 ....
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.
The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.
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.
Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.
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