Nitesh Arora and Ors. v. State of Govt of NCT Delhi

Delhi High Court · 05 Sep 2023 · 2023:DHC:7143

Dinesh Kumar Sharma

CRL.M.C. 5494/2023

2023:DHC:7143

criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from matrimonial disputes based on an amicable settlement and mutual divorce, exercising its inherent powers under Section 482 CrPC.

Full Text

CRL.M.C. 5494/2023
HIGH COURT OF 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

JUDGMENT

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 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 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

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 petition shall be filed on or before 19th 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 shall be filled by the petitioner and 2nd 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. Case-125 CrPC. Before 2nd motion.

7,961 characters total

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.

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 withdraw before 2nd 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.

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

Nitesh Arora and Ors. v. State of Govt of NCT Delhi

AI Summary

Full Text

JUDGMENT

Contact Us for a Free Consultation