Amit Kumar Sarohi & Ors. v. State

1. The present petition has been filed under Section 482 Cr.PC seeking quashing of case FIR No. 0786/2022 dated 17.11.2022 registered under sections 498A/406/34 IPC at PS Khyala. The said FIR was lodged on the complaint of respondent No.2/wife against the petitioners herein.

2. Facts in brief are that the marriage between petitioner No. 1/husband and respondent No. 2/complainant - wife was solemnized on 04.02.2022 as per Hindu rites and customs at Delhi. Petitioner Nos. 2 & 3 are the parents of petitioner no.1/husband. Thereafter owing to temperamental differences both the parties started residing separately since 08.02.2022. No child was born out of the wedlock. Petitioner Nos. l and Respondent No.2 have filed several cases against each other (civil & criminal), which are pending before various Courts in Tis Hazari Court and Karkardooma Courts. Subsequently, the present FIR was lodged at PS Khayala, Delhi against the petitioners herein and the matter is pending adjudication before the learned MM, Mahila Court, Tis Hazari, Delhi.

3. It has been submitted that while the proceedings were underway the parties have amicably settled the disputes vide settlement deed dated 11.01.2023 before the Mediation Cell, THC, on the following terms and conditions:

4. Ld. Counsel submits that in terms of the above settlement, the parties no longer have any grievance remaining against each other. In terms of settlement, the parties have also been granted divorce by mutual consent vide judgement dated 02.05.2023 passed by the Ld. Family Courts, THC, Delhi. Ld. Counsel submits that since parties have amicably settled, no useful purpose would be served in continuing with the present complaint.

5. Ld. Counsel for petitioner further submits that in terms of the above settlement Rs. 2,50,000/- has already been paid to the respondent No.2 and only Rs. 1,00,000/- is to be paid.

6. The parties are present in person and have been duly identified by the IO. Respondent No. 2 states that she has amicably resolved all the disputes with the petitioners and no longer wishes to pursue the present complaint. She states that the divorce has already been granted. She states that as per the settlement she has already received Rs. 2,50,000/and Rs. 1,00,000/- has been handed over to her today in Court by way of D.D. No. 015749 dated 29.08.2022 in the name of Jaspreet Kaur drawn on HDFC Bank. She states that she has no objection if the present FIR and subsequent proceedings emanating therefrom are quashed.

7. I have considered the submissions. The parties have already been granted Divorce by mutual consent and have amicably resolved all their disputes. The complainant/ respondent No.2 does not wish to pursue the present FIR. The chances of conviction would be bleak and remote, 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 compromise. 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. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

8. Considering the totality of facts and circumstances of the case and in view of the settlement arrived at between the parties, the FIR NO. 0786/2022 dated 17.11.2022 registered under sections 498A/406/34 IPC at PS Khyala along with all the proceedings arising therefrom is quashed.