Full Text
HIGH COURT OF DELHI
CRL.M.C. 3963/2023
SHRI VIKAS DEEP MARWAH ..... Petitioner
Through: Mr. Piyush Bhardwaj and Mr. Rajat Rajoria Singh, Advs with petitioners.
Through: Mr. Digam Singh Dagar, APP for State and SI Praveen Kumar, PS
Krishna Nagar.
Mr. Arvind Bhardwaj, Adv. for R-2.
Date of Decision: 29.05.2023.
JUDGMENT
1. The present petition has been filed for quashing of FIR no. 151/2011 registered under Section 498A/406/34 IPC at PS Krishna Nagar.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 16.02.2010 in accordance with the Hindu Rites and Ceremonies. A female child namely baby Pranjal (DOB: 30.11.2010) was born from the wedlock and is at present in respondent no.2’s custody at her parental home. However, it has been submitted that on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.
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 27.01.2022 at the Delhi Mediation Centre at Karkardooma Courts, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay 11 lakhs in full and final settlement of the entire dispute to respondent no. 2/complainant.
4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated 23.05.2022 passed by Learned Principal Judge, Family Court East District/ Delhi.
5. The Learned Counsel for the petitioners therefore submits that since the parties have resolved all their differences amicably, it would be in the interest of justice to quash FIR no. 151/2011 registered Section 498A/406/34 IPC at PS Krishna Nagar and all the proceedings emanating therefrom.
6. 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 the petitioner has already paid her asum of Rs 4 Lakhs on 25.01.2022 and a DD bearing NO. 019980 dated 08.05.2023 for a sum of Rs. 7,00,000/- (Rs. Seven Lacs only) drawn from HDFC bank in the name of Parul Aggarwal was given her in court today. She submits that since the terms of the settlement have been complied with and the marriage between the parties already stands dissolved by a decree of divorce by mutual consent order/judgment dated 23.05.2022, she has no objection if FIR no. 151/2011 registered under Section 498A/406/34 IPC at PS Krishna Nagar and all the proceedings emanating therefrom are quashed
7. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:
1. “It is agreed by both the parties that there is no possibility of reunion due to irreconcilable differences and as such, they have decided to separate their ways and go for dissolution of their marriage by mutual consent in accordance with law as provided under Section 13-B of Hindu Marriage Act.
2. It is agreed between the parties that they shall file the first motion petition under Section 13-B(1) of Hindu Marriage Act of dissolution of marriage by way of mutual consent within a fortnight from the date of the present settlement.
3. It is further agreed between the parties that second motion petition under Section 13B(2) of the Hindu Marriage Act shall be filed after expiry of statutory period of six months from the date of disposal of the petition under Section 13B(1) of the Hindu Marriage Act. However, the parties are at liberty to move appropriate application for waiver of mandatory period of six months, if they so desire.
4. It is further agreed between the parties that the respondent husband shall pay an amount of Rs.11,00,000/- (Rs.Eleven lacs only) to the wife towards full and final settlement for her maintenance (past, present and future) permanent alimony, istridhan, dowry articles, jewellery etc. It is submitted by the parties that the respondent has already paid a sum of Rs.4,00,000/- (by means of two demand drafts of Rs.3,00,000/- and Rs.1,00,000/-) to the complainant on 25.1.2022 and she acknowledges receipt thereof.
5. It has also been agreed between the parties that for quashing of FIR No.151/2011 under Section 498A/406/34 IPC PS Krishna Nagar filed by the wife against the husband, the husband shall file a petition under Section 482 Cr.PC within one month after obtaining the decree of divorce by way of mutual consent and the expenses of the quashing proceedings shall be borne by the husband. The wife shall cooperate with the husband in quashing of the said FIR.
6. As regards the remaining amount of Rs.7,00,000/- it has been agreed between the parties that the same shall be paid by the respondent to the wife at the time of her appearance and making statement before the Hon'ble High Court of Delhi at New Delhi for quashing of the FIR captioned above
7. It is also agreed between the parties that the custody of the minor child namely baby Pranjal shall remain with the wife and husband shall not claim custody of the child at any stage and the wife shall be the guardian of the child for all intent and purpose.
8. It is also agreed between the parties that the respondent shall have visitation right to meet the child on second Saturday of every English Calendar month at a place as per convenience of the complainant and the child for a period of two hours.
9. It has been further agreed between the parties that the minor child would be free to have recourse to the provisions of law for seeking appropriate relief from the Court in relation to the aspect of maintenance, education and up-bringing etc in terms of the pronouncement of judgment of the Hon’ble High Court in the case titled “Rakesh Jain & ors v Sarita Gupta (Crl.Misc No.2935/2019).
10. It is further agreed between the parties that on completion of terms agreed above, they shall not be left with any claims towards each other and shall not litigate in future against each other qua this marriage.
11. It is further agreed that either of the parties to the settlement shall not claim any right whatsoever in the movable and immovable property of the opposite party.
12. In case of breach / violation/ willful / deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.
13. The defaulting party would return all the benefits / advantages / privileges that have enured in its favour and both the parties would be restored to the position that was before they had arrived at such a settlement agreement.
14. The terms have been settled between the parties 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 the settlement agreement has correctly recorded the said agreed term. Both the parties undertake that they will abide by and be bound by the agreed terms / stipulations of the settlement agreement.
8. It is a settled proposition of law 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 this regard 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.
9. 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. However, this settlement shall not adversely affect the right, title or interest of child baby namely Pranjal.
10. In view of the above, FIR no. 151/2011 registered Section 498A/406/34 IPC at PS Krishna Nagar and all the other proceedings emanating therefrom are quashed.
11. The present petition along with all the pending applications stands disposed of.
DINESH KUMAR SHARMA, J MAY 29, 2023