Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5726/2023
KUNDAN ROY & ORS. ..... Petitioners
Through: Mr. Satyendra Mishra, Adv. (VC).
Petitioners in person.
versus
STATE (GOVT. NCT OF DELHI) THROUGH SHO & ANR.
..... Respondents
Through: Mr. Digam Singh Dagar, APP.
R-2 in person.
% Date of Decision: 11.08.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
J U D G M E N T
DINESH KUMAR SHARMA, J. (Oral)
1. Present petition has been filed under section 482 CrPCseeking
quashing of case FIR No. 0013/2022 dated 04.01.2022 registered
under sections 498A/406/377/34 IPC at PS DayalPur and the
subsequent proceedings emanating therefrom. The said FIR was
lodged on the complaint of the respondent No. 2/ wife.
2. Facts in brief are that the marriage between the petitioner
No.1/husband and respondent No. 2/wife was solemnized on
16.02.2020 as per Hindu Rites and Customs at Bihar. No child was
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BALA
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born out of the wedlock. Thereafter, owing to temperamental
differences the parties started residing separately since 24.08.2020.
Consequently, respondent No. 2 got registered the present FIR against
the petitioners herein. Chargesheet is stated to not have been filed yet.
In addition to the present FIR, the respondent No. 2/wife also filed a
maintenance petition u/s 125 Cr.P.C. bearing MT. Case No. 370/2021
and a complaint case bearing CC No. 668/2021 under the DV Act,
both pending before the Karkardooma Courts, Delhi.
3. It has been submitted that while the proceedings were underway, the
parties were referred to the Counselling Cell, Family Courts, whereby,
the parties amicably and voluntarily settled all their disputes on
17.02.2023 on the following terms and conditions:
“1. The parties have agreed to dissolve their marriage by
mutual consent in accordance with the law, as provided
under Section 13(B) of the Hindu Marriage Act.
2. It is agreed between the parties that husband shall pay to
the wife a sum of Rs. 8,00,000/- (Rupees Eight Lacs Only)
as full & final settlement (against istridhan and dowry,
maintenance towards past, present and future qua this
marriage) in three instalments by way of DD/pay order with
dowry articles List attached.
3. It is further agreed between the parties that the husband
will pay Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand
Only) to the wife at the time of recording of the statement of
first motion by way of DD/Pay order.
4. It is further agreed between the parties that husband will
pay Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand Only)
to the wife at the time of recording of statement of second
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BALA
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motion by the way of DD/Pay Order.
5. It is further agreed between the parties that the
Respondent shall pay Rs. 3,00,000/- (Rupees Three Lacs
Only) to the Petitioner at the time of quashing of FIR No.
13/2022 U/S 498A/406/377/34 IPC PS Dayalpur, in the
Hon'ble High Court of Delhi within 30 days after Second
Motion and petitioner shall cooperate and sign all the
necessary affidavit & do the needful in quashing of said
FIR.
6. It is further agreed between the parties that the first
motion petition shall be filed on or before 15/03/23 and
second motion petition shall be filed soon after the
completion of the statutory period of the order U/S 13 B(1)
of HMA.
7. ….. …. …..
8. It is further agreed between the parties that the Petitioner
will withdraw the case which is pending in the count of Sh.
Ankur Jain, Ld. Judge Family Courts, District-North East,
Karkardooma, after first motion.
9. It is agreed between the parties that they have understood
the terms and conditions of the settlement in vernacular.
10. It is further agreed between the parties that they shall
remain bound with the aforesaid, terms and conditions as
mentioned in the settlement.
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 at
any time of future in any Court of law/Police station etc.
12. The above settlement is with respect to all claims of wife
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BALA
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past, present and future alimony, istridhan, maintenance,
pending amount of maintenance, articles, property etc. and
neither she nor her relatives shall claim anything from
husband or his family be in future from herself or on behalf
of child/children.
13. It is agreed between the parties that if either of the
parties commits breach or default of this mutually agreed
settlement after the first motion if Petitioner backs out the
amount taken at the time of first motion shall be returned to
the Respondent with 2% interest per month and if the
Respondent backs out the amount given at the time of first
motion shall stand forfeited by the Petitioner.
14. The parties have agreed on each and every term 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 fine/penalty
as mentioned above.
15.The terms and conditioned mentioned in thew settlement
have been understood in vernacular. The above said
settlement is arrived at between the parties out of their own
free will, volition and consent and without there being any
undue pressure, coercion, influence, misrepresentation or
mistake (both of law and fact), in any form whatsoever and
parties agreed that the settlement/agreement has been
correctly recorded as per the agreed terms and conditions.”
4. Ld. Counsel submits that in terms of the above settlement the parties
have already been granted divorce by mutual consent by the Ld.
Judge, Family Courts, Karkardooma Courts, Delhi, vide judgement
dated 11.05.2023. Ld. Counsel submits that out of the total settled
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amount of Rs. 8,00,000/- the petitioner has already paid Rs. 5,00,000/-
to the respondent No. 2 and the remaining Rs. 3,00,000/- is to be paid
today. Ld. Counsel submits that the present FIR stems from a
matrimonial dispute which stands amicable settled and therefore no
useful purpose would be served if the present complaint is kept
pending.
5. The parties are present in person and have been duly identified
by the IO. Respondent No. 2 states that she was married to the
petitioner No.1 on 16.02.2020 and no child was born out of the
wedlock. She states that the parties have already been granted divorce
by mutual consent vide judgement dated 11.05.2023. She states that
she has voluntarily settled the matter with the petitioners vide
Settlement Agreement dated 17.02.2023 without any fear, force or
coercion and has no objection if the present FIR and all consequent
proceedings arising therefrom are quashed. An affidavit of no
objection has also been filed on behalf of her along with the present
petition. She further states that in terms of the settlement the petitioner
No.1 has already paid her Rs. 5,00,000/- and the remaining Rs.
3,00,000/- has been handed over to her in the court today by way of
demand draft bearing DD No. 001102 dated 01.08.2023in the name of
Saroj Ray for a sum of Rs. 3,00,000/- drawn from Axis Bank. She
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states that she has thus received the entire settled amount and has no
more grievance against the petitioners.
6. I have considered the submissions. The parties have already been
granted divorce vide judgement dated 11.05.2023 and have amicably
and voluntarily settled all their disputes vide Settlement Agreement
dated 17.02.2023. Respondent No. 2 has stated that she no longer
wishes to pursue the present FIR. The chances of conviction would be
bleak given that the complainant does not wish to pursue the present
complaint on account of the amicable settlement. In such
circumstances continuance of the present FIR would serve no useful
purpose and may cause prejudice to the petitioner and be an exercise
in futility. I do not see any reason to reject the settlement. This court
considers that it is better to put a quietus to the dispute in matrimonial
matters where the wrong is basically private or personal in nature and
the parties have amicably resolved their entire dispute. The Supreme
Court and this Court have time and again held that cases arising out of
matrimonial differences should be put to quietus if the parties have
arrived upon a genuine settlement. Reliance can be placed on 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.
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State (Govt. of NCT Delhi) and Another , 2019 SCC OnLine Del
8179.
7. Considering the totality of facts and circumstances of the case and in
view of the submissions of respondent no.2, the case FIR No.
0013/2022 dated 04.01.2022 registered under sections
498A/406/377/34 IPC at PS DayalPur and all subsequent proceedings
arising therefrom are quashed.
8. Accordingly, the present petition stands disposed of.
DINESH KUMAR SHARMA, J
AUGUST 11, 2023/AR
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Digitally Signed By:RAJ
BALA
Signing Date:19.08.2023
13:53:44