IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Honey Gupta - Appellant
Versus
State - Respondent
Crl.M.C. 3039 of 2022
Decided On : 02-12-2022
| Table of Content |
|---|
| 1. mutual consent for divorce and settlement (Para 1) |
| 2. quashing of fir based on consent (Para 2) |
| 3. disposal of the petition (Para 3) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Statement of Respondent No.2/Ms.Neha Gupta has been recorded separately wherein she has stated that she was married to Honey Gupta on 19th July, 2018. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 31st March, 2022 by the Principal Judge, Family Court-03, North District, Rohini, Delhi. She has further stated that during the divorce proceedings, she along with the petitioners have entered into a MoU dated 24th November, 2021. As per the MoU settlement, her husband/petitioner No.1 had to pay Rs.14,00,000/- towards full and final settlement of the entire dispute and she has already been paid Rs.8,00,000/-. Remaining sum of Rs.6,00,000/- has been received by way of a Demand Draft bearing No.504819 dated 28.03.2022 drawn on ICICI Bank. She has stated that she has no objection if FIR No.718/2019 U/s 498 A/406/34 IPC registered at P.S. Bindapur 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.Neha Gupta recorded separately, the case FIR No.718/2019 U/s 498-A/406/34 IPC registered at P.S. Bindapur and all the proceedings emanating therefrom are quashed.
3. The present petition stands disposed of.
High Court may quash FIRs if parties settle amicably and the statement is made voluntarily without coercion, ensuring no public interest is compromised.
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.
A victim's voluntary statement expressing non-objection and confirming settlement can justify quashing FIR under sections 498A and 406 IPC.
The express consent of the complainant, coupled with a settlement agreement, warrants the quashing of FIR under Section 482 of the Code of Criminal Procedure.
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.
Settlement agreements can lead to the quashing of FIRs, especially when the aggrieved party voluntarily withdraws objections, as established in this case.
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.
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 ....
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