Vishal Mehta & Ors. v. The State & Anr.

1. The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.152/2022 dated 31.03.2022 registered under Section 498A/406/34 IPC registered at PS Dwarka South, Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 02.05.2021, in accordance with the Hindu Rites and Ceremonies in Delhi. One, child was born out of the said wedlock namely Nyra. However, on account of temperamental differences and mental incompatibility, the parties Signing started living separately on 05.05.2021 and instituted litigation each other.

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 04.05.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.16,00,000/- (Rupees Sixteen lacs Only) as full and final settlement, and it submitted that the whole amount of Rs 16,00,000/- (Rupees Sixteen lacs Only) has already been paid to Respondent No.2

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 16.11.2020 passed by Learned MM. Vipin Kumar ( Family Court) Dwarka.

5. 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 FIR dated 31.03.2022 registered under Section 498A/406/506/34 registered at PS Dwarka, Delhi and all the proceedings emanating therefrom

6. 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. Signing 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.

7. Respondent no. 2 who joined through VC 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 parties has amicably settle, she has no objection dated 31.03.2022 registered under Section 498A/406/506/34 registered at PS Dwarka, Delhi and all the proceedings emanating therefrom

8. Parties have arrived at settlement vide settlement agreement dated 04.05.2022 on the following terms and conditions: “Party undertakes to pay the amount of Rs.16,00,000/- (Rupees Sixteen lacs only) to the first party on account of settlement of all her claim including dowry articles, istridhan, past, present and future maintenance, to the First Party. The Second Party has also agreed that in addition to above amount of Rs.16,00,000/- he will return all the dowry articles and belongings of the First Party as per annexed list to the First Party.

2. That the parties to the present MOU have agreed that they shall jointly institute. a petition for dissolution of their marriage by way of mutual consent u/s 13-B(1) of the Hindu Marriage Act, 1955 (First Motion) within 7 days after execution of the present MOU. The second party has further agreed to pay an amount of Rs.1,00,000/- (Rupees Lacs only) out of total settlement amount of Rs. 16,00,000/-(Rupees (Rupees sixteen lakhs only) by way of cash/DD/NEFT and all the dowry articles mentioned from Serial no. 1 to 17 in the list attached with this agreement which is duly acknowledged by both the parties to the first party and the first party also agree that she will hand over the items mentioned in the said list to the second Party at the time of recording the statement before the Hon'ble Court in the first motion petition. Signing

3. That the parties to the present MOU have further agreed that they shall institute a petition for dissolution of their marriage by way of mutual consent u/s 13-B (2) of the Hindu Marriage Act, 1955 (Second Motion) with an application for waiver of the six months period for filing second motion petition. The second party has further agreed to pay an amount of Rs.10,00,000/- (Rupees Ten Lacs only) out of balance amount of Rs.15,00,000/- by way of FDR in the name of the daughter namely Nyra at the time of recording the statement before the Hon'ble Court in the second motion petition.

4. That it has also been agreed between the parties to the present agreement that the SECOND PARTY immediately within seven working days of grant of a decree of divorce shall file quashing petition qua FIR No.152/2022 before Hon'ble High Court of Delhi and the second party has further agreed to pay the balance/remaining amount of Rs.5,00,000/- (Rupees Five Lac Only) by way of FDR in the name of daughter namely Nyra at the time of recording the statement before the Hon’ble High Court of Delhi. It is further agreed between parties to the present MOU shall cooperate with each other at all material times in order to get the said FIR quashed from the appropriate Court

5. That it has been agreed between the parties that the custody of the minor daughter namely Nyra will remain with the first party forever and the second party or any of his family member does not have any visitation/custodial right qua the minor child in future. It is also agreed that no party has the right to decide the claim of daughter. Nyra in respect of her maintenance and other rights vested in her by law as stated by the Apex Court in the judgment of Ganesh versus Sudhir Kumar Shrivastava & Ors. (2019 SCC online SC 1107).

6. That it has further agreed by the parties to the present MOU that upon execution of the present agreement, the parties to the present agreement shall refrain from filing any other complaint, petition etc. against each other and/or their respective family members, friends.

7. That in consideration of the above, the parties to the present agreement have very maturely considered it appropriate to dissolve their matrimony by way of a petition for dissolution of their marriage by mutual consent before a competent Court at New Delhi.

9. Rights of the child Nyra has been explained in Para 5 of the settlement agreement. Signing