Full Judgment Text
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5494/2023
NITESH ARORA AND ORS ..... Petitioners
Through: Mr. Manish Kumar, Mr. Abhishek
Kumar Dwivedi, Mr. Vikash Kumar,
Mr. Rohit Kalia, Mr. Atul Kumar,
Advs. with petitioners.
versus
STATE OF GOVT OF NCT DELHI ..... Respondent
Through: Mr. Digam Singh Dagar, APP and SI
Praveen, PS Tilak Nagar.
% Date of Decision: 05.09.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
1. The present petition has been filed for quashing FIR No. 0215/2021
registered under Section 498A/406/34 IPC at PS Tilak Nagar, West.
2. Learned Counsel for the petitioner submits that Respondent
no.2/complainant married petitioner no.1 on 27.01.2019 in accordance
with the Hindu Rites and Ceremonies at Varanasi, Uttar Pradesh. No
child was born out of the said wedlock. However, on account of
temperamental differences and mental incompatibility, the parties
started living separately since 03.06.2019 and instituted multiple
CRL.M.C. 5494/2023 Page 1 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.10.2023
14:50:17
litigations against each other and their respective families including the
present FIR. He submits that the chargesheet, in this case, has already
been filed and the matter is pending before the Learned
3. Learned Counsel further submits that during the pendency of the
proceedings, the parties have resolved their disputes amicably and in
furtherance thereof they have entered into a settlement agreement dated
29.11.2022 before the Counselling Cell, Family Court, Tis Hazari.
4. As per the settlement it has been agreed between the parties that the
petitioner shall pay Rs. Eight Lacs Only as (Rs. 8,00,000/-) full and
final settlement of the entire dispute to respondent no. 2/complainant.
5. Pursuant to the settlement, a mutual divorce petition was also filed and
a decree of divorce was granted vide order dated 06.05.2023 passed by
Learned Principal Judge, Family Courts, Tis Hazari, Delhi.
6. Furthermore, the Learned Counsel for the petitioners submits that since
the parties have resolved all their differences amicably, therefore, it
would be in the interest of justice to quash FIR No. 0215/2021
registered under Section 498A/406/34 IPC at PS Tilak Nagar, West and
all the proceedings emanating therefrom.
7. It is settled that the inherent powers under section 482 of the Code are
required to be exercised to secure the ends of justice or to prevent
abuse of the process of any court. Further, the High Court can quash
non-compoundable offences after considering the nature of the offence
and the amicable settlement between the concerned parties. Supreme
Court and this Court have repeatedly held that the cases arising out of
matrimonial differences should be put to a quietus if the parties have
CRL.M.C. 5494/2023 Page 2 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.10.2023
14:50:17
reached an amicable settlement. Reliance may be placed upon: B.S.
Joshi v. State of Haryana , (2003) 4 SCC 675 ; K. Srinivas Rao v.
D.A.Deepa , (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs.
State (Govt. of NCT Delhi) and Another , 2019 SCC OnLine Del 8179.
8. Both parties are present in court and have duly been identified by the
IO. Respondent no. 2 submits that she has entered the settlement
voluntarily without any fear, force or coercion. She submits that other
petitions have already been withdrawn or dismissed. And since the
marriage between the parties has also been dissolved by a decree of
divorce by mutual consent order/judgment dated 06.05.2023, she has
no objection if FIR No. 0215/2021 registered under Section
498A/406/34 IPC at PS Tilak Nagar, and all the proceedings emanating
therefrom.
9. I have gone through the settlement which has been placed on record.
The settlement agreement provides for the following terms and
conditions:
“1. That the petitioner and respondent have agreed to
dissolve their marriage by mutual consent in accordance
with law provides U/s 13 (B) of the Hindu Marriage Act in
Delhi.
2. It is agreed between the parties that husband shall pay to
the wife a sum of Rs. Eight Lacs Only as full and final
settlement (against istridhan and dowry, maintenance
towards past, present and future qua this marriage in Three
instalments by way of DD/Pay Order. There is no issue from
this wedlock.
3. It is further agreed between the parties that the husband
will pay Rs. Three Lacs Only (Rs. 3,00,000/-) to the wife at
CRL.M.C. 5494/2023 Page 3 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.10.2023
14:50:17
the time of recording of the statement of first motion by the
way of DD/Pay order.
4. It is further agreed between the parties that the husband
will pay Rs. Two Lacs Only (Rs. 2,00,000/-) to the wife at
the time of recording of the statement of second motion by
way of DD/Pay order.
5. It is agreed between the parties that the first motion
th
petition shall be filed on or before 19 December 2022 and
second motion petition shall be filed soon after the
completion of the period of the statutory period of the order
U/s 13B(1) of HMA or as early as possible.
6. It is further agreed between the parties that the
Respondent shall pay Rs. Three Lacs Only to the Petitioner
at the time of recording of statement in quashing of FIR no.
0215/21 under Section 498A/406/34 PS Tilak Nagar in
Hon’ble High Court of Delhi within Two Months after
second motion and Petitioner shall cooperate and sign all
the necessary affidavit and do the needful in quashing of the
said FIR. It is agreed between the parties that Ist Motion
nd
shall be filled by the petitioner and 2 motion by
respondent.
7. .....................N.A
8. It is further agreed between the parties that the
petitioner/respondent will withdraw the case which is
pending in the court of Ms. Renu Bhatnagar, Ld. Principal
Judge, Family Court (West), Tis Hazari Courts, Delhi.
nd
Case-125 CrPC. Before 2 motion.
9. It is agreed between the parties that they have understood
the terms and conditions of the settlement.
10. It is further agreed between the parties that they shall
remain bound with the aforesaid terms and conditions and
mentioned in the settlement.
CRL.M.C. 5494/2023 Page 4 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.10.2023
14:50:17
11. All the matters relating to this marriage either civil or
criminal are settled and neither the parties nor their
relatives shall make any claim against each other in future
and will not file any case/complaint against each other and
any time future in all court of law/Police Station etc.
12. It is agreed between the parties that if either of the
parties commits breach or defaults of this mutually
agreement settlement after the first motion, if Petitioner/wife
back out of the amount taken at the time of rist motion shall
be return to Respondent with 02% pm interest and if
Respondent backs out the amount given at the time of first
motion shall stands forfeited by the petitioner. Both the
parties are ready to withdraw all the cases or complaints
pending in any of the courts or police station. Other cases
Sec-9, FIR quashing U/s 498A/406/34. Sec. 9 shall be
nd
withdraw before 2 motion.
13. The parties have agreed on each and every terms as
recorded in the settlement agreement, after carefully
reading over and fully understanding and appreciating the
contents, scope and effect thereof, as also the consequences
of the breach thereof, including payment of the file/penalty
as mentioned above.
14. The terms and conditions mentioned in the settlement
have been understood in vernacular. The above said
settlement is arrived at between the parties out of their own
free will, consent and without their being any undue
pressure, coercion, influence, misrepresentation or mistaken
(both law and fact) in any form whatsoever and the parties
agreed that the settlement agreement has correctly recorded
the said agreed terms and conditions.”
10. DD bearing No. 648185 in the name of Payal Suri dated 21.07.2023 for
a sum of Rs. 3,00,000/- drawn from Canara Bank has been handed over
today in the court in terms of settlement.
CRL.M.C. 5494/2023 Page 5 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.10.2023
14:50:17
11. Taking into account the totality of facts and circumstances of the case,
this court considers that the parties have entered into an amicable
settlement out of their own free will, without any fear, force or coercion
and they should be given an opportunity to lead their lives peacefully.
No purpose will be served in continuing with the trial.
12. In view of the above, FIR No. 0215/2021 registered under Section
498A/406/34 IPC at PS Tilak Nagar, West and all the other
proceedings emanating therefrom are quashed.
13. The present petition along with all the pending applications stands
disposed of.
DINESH KUMAR SHARMA, J
SEPTEMBER 5, 2023/AR
CRL.M.C. 5494/2023 Page 6 of 6
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:03.10.2023
14:50:17