Ranu and Ors v. State (NCT of Delhi) and Anr

Delhi High Court · 12 May 2023 · 2023:DHC:3756

Dinesh Kumar Sharma

CRL.M.C. 3416/2023

2023:DHC:3756

criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute after the parties amicably settled and obtained a mutual consent divorce.

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Neutral Citation Number 2023:DHC:3756

CRL.M.C. 3416/2023
HIGH COURT OF DELHI
CRL.M.C. 3416/2023
RANU AND ORS ..... Petitioner
Through: Mr.Anurag Rawal, Mr.Anil Singh and Mr.Pratyaksh Raj, Advocates

VERSUS

STATE (NCT OF DELHI) AND ANR. ..... Respondents
Through: Mr.Digam Singh Dagar, APP for the State.
SI Rinku Bhakar, PS Bawana Respondent no.2 in person.
Date of Decision: 12.05.2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)

CRL.M.A. 12855/2023 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.

1. Present petition has been filed seeking quashing of FIR No.0231 dated 05.03.2022 under Section 498A/406/34 IPC at PS Bawana.

2. Facts, in brief, are that the marriage between petitioner No.1 namely Ranu and respondent No.2/complainant was solemnized on 30.04.2021 as per Hindu rites and customs in Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences, both parties startedresiding separately since July 2021. Subsequently, respondent no.2/complainant lodged a complaint against the petitioners and FIR No. 231/2022 dated 05.03.2022, was registered at PS Bawana (Outer North), Delhi, under Sections 498A/406/34 IPC against the petitioners.

3. Learned counsel for the petitioner submits that since there was no probability or possibility of them living together as Husband and Wife, thematter was referred to Samadhan (Delhi High Court Mediation and Conciliation Centre) vide an order dated 01.09.2022 passed by this Court. Parties thereafterarrived at a settlement dated 21.09.2022 before Delhi High Court Mediation and Conciliation Centre on the following terms& conditions:

A. Both the Parties agree to dissolve their marriage by a Decree of Divorce by Mutual Consent in accordance with the provisions of Section 13 B(l) and 13 B(2) of the Hindu Marriage Act, 1955. The Parties have mutually agreed to file the joint Petitions for obtaining he decree of divorce by mutual consent before the appropriate Family Court having the territorial jurisdiction to grant divorce.

B. The First Party agrees to pay and the Second Party agrees to accept, a sum of Rs. 6,50,000/ (Rupees Six Lakhs Fifty Thousand Only) towards full and final settlement of all the claims ofthe Second Party arising out of the matrimonial discord between the parties, including the claims on account of stridhan, maintenance (past, present and future), alimony (past, present and future), dowry and marriage expenses etc., or any other claim which could be attributed to the marriage.

C. Both the Parties agree to file first motion petition for divorce by mutual consent under section 13B (1) of the Hindu Marriage Act on or before 10.10.2022.

D. First Party and the Second Party shall file a joint application for waiving of statuary period of six months within 15 days from the date of the passing of the order of joint petition under Section 13-B(1) of the Hindu Marriage Act in terms of the judgment of Hon’ble Supreme Court in case of AMARJEET SINGH KSHARLEEN KAUR and file/cause second motion under Section 13-B(2) of theHindu Marriage Act for dissolution of their marriage.

E. Should the Judge, Family Court, not waive the statutory period of six months, the First Party and the Second Party shall jointly make a motion under Section 13-B(2) of the Hindu Marriage Act (Second Motion) within 7 days from theexpiration of the statutory period of six months before the concerned Family Court, in case the waiving of statutory period ofsix months is not granted by the Family Court.

F. The First Party agrees to pay and the Second Party agrees to accept the 1st

Installment of Rs. 2,25,000/- (Rupees Two Lakhs Twenty Five Thousand Only) to the Second Party at the time of recording of statement of the Parties during First Motion Petition under Section13B(1) of HMA, before the concerned Family Court.

G. The First Party agrees to pay and the Second Party agrees to accept the 2nd

Installment of Rs. 2,25,000/- (Rupees Two Lakhs Twenty Five Thousand Only) to the Second Party at the time of recording of statement of the Parties during Second Motion before the concernedFamily Court.

H. The balance amount of Rs. 2,00,000/- (Rupees Two Lakhs

Only)shall be handed over to the Second Party at the time of her statement before the Hon'ble Delhi High Court wherein the First Party shall file the quashing petition to get the above said FIR quashed against him as well as his other family members mentioned in above said FIR. I. The Second Party undertakes to co-operate, sign affidavit(s) to be submitted with the quashing petition giving her no objection to the quashing of the said FIR against the First Party as well as against his family members mentioned in the said FIR and give the statement to that effect by causing her appearance in the Hon'ble Delhi High Court.

J. That the Second Party undertakes to withdraw all the abovementioned cases from the concerned courts after passing of the orders in the First motion petition to obtain divorce by mutual consent. If the Second Party fails to do so the same should be considered as not pressed.

K. The First Party shall hand over the article(s) mentioned in the list which is annexed herewith as

ANNEXURE-A to the Second Partyon 30.09.2022 in the office of the Counsel of the Second Party i.e., Mrs. Rajni Malhan, Chamber No. 216 at Rohini Court positively. Apart from this the second party shall also hand over the articles thatis utensils as well as the clothes of the Second Party at the time of the recording of the First Motion outside of the said court only and the Second Party shall give the receiving of the same to the First Party.

L. The Second Party agrees that on receipt of total and mutually agreed Settlement Amount of Rs. 6,50,000/-(Rupees Six Lakhs Fifty Thousand Only) by her and the articles mentioned in

ANNEXUREA, all the claims of the Second Party towards, alimony(past, present and future), maintenance (past, present and future), stridhan, dowry articles, marriage expenses etc., or any other claim which could be attributed to the marriage, against the First Party and his family members, shall stand satisfied.

M. That both the Parties agree and undertake that they shall have no claimor right qua any immovable or movable property of each other of their family members, whether self-acquired, HUF or ancestral, under any circumstances now or in future, subject to fulfilment of terms and conditions of the present Agreement.

N. That the Parties agree that they will not interfere in each other's life and do not have any grievance against each other. In view of the same, they have further undertaken that. They shall not level any allegations against each other or each other's family members or cause not to act in a manner so as to harm the reputation and image of each other, in the family or at their work place or in the society at large.

O. That both the parties agree to delete/dispose off from their possession including electronic gadgets, e-space pictures, audio/video recordings or any other personal items. The Parties also agree that both of them shall not misuse the same in future against each other for any known/unknown purpose or object.

4. Learned counsel for the petitioner submits that in terms of the settlement the parties filed a petition for divorce by mutual consent, whereby, vide decree of divorce dated 13.01.2023 the learned Principal Judge, Family Courts, North, Rohini Courts, Delhi has dissolved the marriage between the parties by mutual consent. Learned counsel submits that since the parties have amicably settled all their disputes and have been already granted a divorce, thus no useful purpose would be served in continuation of the present FIR and consequent proceedings arising therefrom and seeks quashing of the same.

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5. The petitioners and respondent No. 2/complainant are present in person before this Court. The parties have been duly identified by the IO. Respondent No. 2 submits that she has entered into the settlement voluntarily without any fear, force, or coercion. She also states that the marriage between the parties has been duly dissolved by a decree of divorce dated 13.01.2023. She further states that as per the terms of the settlement she has already received an amount of Rs. 4,50,000/- (Rupees Four lakhs fifty thousand) from the petitioners. The remaining amount of Rs. 2,00,000/- is to be handed over to her today. A Cheque bearing no.913864 dated 17.07.2023 of Rs.2,00,000/- (Rupees Two Lakhs) drawn on State Bank of India, Malviya Nagar has been handed over to respondent no.2. Further, Respondent no.2 undertakes to withdraw other pending cases between parties.Respondent No.2/complainant states that she has no objection if the present FIR and all the proceedings emanating therefrom are quashed.

6. I have considered the submissions.

7. This court considers that it is better to put a quietus to disputes of matrimonial nature wherein the parties have amicably settled all their disputes and no longer wish to pursue the complaint on account of such settlement. In the present case, the dispute between the parties has been settled and continuance of FIR No. 231/2022would serve no useful purpose and may cause prejudice to the petitioners and be an exercise in futility. The chances of conviction would be bleak given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement. Moreover, the parties have already been granted a divorce and the settled amount has been paid to the complainant. The Supreme Court and this Court have time and again held that cases arising out of matrimonial disputes 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, 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 complaint especially when the complainant no longer wishes to pursue the present complaint.

9. In view of the settlement, FIR No.0231 dated 05.03.2022 under Section 498A/406/34 IPC at PS Bawana and all the proceedings arising therefrom are quashed.

10. Petition stands disposed of.

DINESH KUMAR SHARMA, J MAY 12, 2023

Ranu and Ors v. State (NCT of Delhi) and Anr

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