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.

Headnote:(A) Indian Penal Code, 1860 - Sections 498A, 406, 34 - Quashing of FIR - The court allowed the quashing of FIR No. 0841/2021 under Sections 498A/406/34 IPC, based on the statement of the respondent indicating successful settlement and fulfillment of financial obligations between the parties. (Paras 2, 3, 5)

(B) Settlement - A voluntary settlement reached during divorce proceedings may justify the quashing of FIR, provided there is no coercion or undue influence. (Paras 3, 6)

Facts of the case:
The petition was for quashing an FIR related to matrimonial disputes after a mutual divorce was granted, and the aggrieved party confirmed receipt of the settlement amount.

Findings of Court:
The court quashed the FIR and related proceedings upon satisfaction with the respondent's statement indicating no objections to the quash.

Issues: The central issue was whether the mutual settlement and voluntary withdrawal of complaints were sufficient to quash the FIR.

Ratio Decidendi: The court held that a valid settlement can lead to the quashing of proceedings if voluntarily and freely made by the parties involved.

Result: FIR No. 0841/2021 quashed.

Table of Content
1. filing for quashing fir based on settlement. (Para 1 , 2)
2. voluntary statement regarding settlement agreement. (Para 3)
3. identification of respondent by investigating officer. (Para 4)
4. quashing of fir due to settlement. (Para 5)
5. conclusion and disposal of the petition. (Para 6)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

Crl.M.A.24912/2022 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 6386/2022

1. Present petition has been filed for quashing of FIR No. 0841/2021 registered at P.S. Dabri under section 498A/406/34 IPC.

2. Statement of Respondent no.2/Ms.Geeta recorded separately wherein she has stated that she was married to Vikas Rathore on 11.12.2019. However, the marriage could not succeed and mutual divorce petition was filed and a decree of divorce was granted vide order dated 01.09.2022 by the learned Judge, Family Court, Dwarka, New Delhi.

3. She has further stated that during divorce proceedings, she along with the petitioners have reached into a settlement dated 25.02.2022 before the Counselling Cell, Family Court, Dwarka. As per the settlement, her husband/petitioner no.1 had to pay Rs.4,00,000/- in full and final settlement of the entire dispute. She stated that she has already been paid the full amount i.e. Rs.4,00,000/-. She has stated that she has no objection if FIR No. 0841/2021 registered at P.S. Dabri under section 498A/406/34 IPC and all other proceedings emanating therefrom are quashed. She has further 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. Geeta recorded separately, the case FIR No. 0841/2021 registered at P.S. Dabri under section 498A/406/34 IPC and all the proceedings emanating therefrom are quashed.

6. The petition stands disposed of.

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