Sh Ashish Chhabra & Ors. v. The State & Anr.

Delhi High Court · 10 May 2023 · 2023:DHC:3740

Dinesh Kumar Sharma

CRL.M.C. 3341/2023

2023:DHC:3740

criminal petition_allowed Significant

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The Delhi High Court quashed a matrimonial FIR under Sections 498A/406/34 IPC following an amicable settlement and reconciliation between the parties, emphasizing the court's power to prevent abuse of process in such cases.

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Neutral Citation Number 2023:DHC:3740

CRL.M.C. 3341/2023
HIGH COURT OF DELHI
CRL.M.C. 3341/2023
SH ASHISH CHHABRA & ORS. ..... Petitioners
Through: Mr. Bharat Baggar, Advocate.

VERSUS

THE STATE & ANR. ..... Respondents
Through: Mr. Digam Singh Dagar, APP for the State and SI Meenu, PS Tilak Nagar.
Date of Decision: 10.05.2023.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)

CRL.M.A. 12538/2023
Exemption allowed subject to just exceptions.

1. The present petition has been filed seeking quashing of case FIR NO. 330/13 dated 27.06.2013 registered under Sections 498A/406/34 IPC at PS Tilak Nagar, West Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.

2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 09.11.2008 as per Hindu rites and customs at Delhi. One child namely Suryansh was born out of the wedlock. Thereafter owing to temperamental differences the parties started residing separately from 2013. Subsequently, respondent no. 2/complainant filed a complaint before CAW Cell, West which culminated into the present FIR against the petitioners herein. Charge-sheet has been filed and the matter is pending adjudication before the Learned Trial Court.

3. It has been submitted that besides the present FIR, several other litigations erupted between the parties including a Guardianship petition filed by the petitioner No.1 and a divorce petition filed by the respondent No.2. Learned counsel for the petitioners submits that while the proceedings were underway, with the intervention of family members and well-wishers, the parties arrived at an amicable settlement before the Delhi Mediation Centre, THC, Delhi on 21.04.2022 on the following terms and conditions:

“1. That it is agreed/stated by the parties that the parties with their child are living together since two months ago at H- No. 2/7, first floor, Ashok Nagar, Delhi-18 (at one room) and shall continue to live together with their child. 2. That it is agreed between the parties that in case, in future any litigation shall be continued between the parties with regard to the custody of the minor child Suryansh, then the custody of the master Suryansh shall be decided by the Court. 3. That it is agreed between the parties that the all the belongings of the parties are/is in their respective custody. It is further agreed that both the parties shall not claim any precious articles from each other at any time in future. 4.That it is agreed between the parties that the respondent/husband shall treat the complainant and their child. It is also agreed that respondent/husband shall not to fight/ shout upon the complainant & their child.

5. That the parties are living peaceful without interfering in the life of each other & all the relatives/in laws of both the parties shall not visit/interfere in the peaceful life of the parties.

6. That the parties understand and realized that it is their mutual responsibility to keep the matrimonial atmosphere cordial and harmonious to pull the relation.

7. That the parties undertaken to invest mutual trust, confidence and emotions in each other to ensure peace in matrimonial life ahead besides good nurturing & welfare of their child.

8. That the parties have undertaken not to give any cause of concern to each other or other family members. They have left the baggage of previous allegations against each other here itself and have decided to live peacefully hereafter.

9. That it is agreed between the parties that the petitioner/husband shall withdraw the petition of Guardianship and respondent/wife shall also with her Divorce petitioner mentioned above within a week from today which are pending before the Ld. Referral Court

10. That it is agreed between the parties that the petitioner/husband shall also withdraw his Crl. Complaint bearing no. 10146/2019 U/s 156(3) Cr.P.C. on the date fixed which is pending before the Ld. Concerned Court.

11. That, it is further agreed between the parties thereafter, husband the parties shall move appropriate petition in the Hon'ble High Court of Delhi on or before 15.05.2022 urging for quashing the present FIR No. 330/13, Ps Tilak Nagar, Us 498-A/406/34 of IPC in view of the present settlement. The wife has undertaken to co-operate in their said endeavour Viz. preparation of the petition, signing, swearing affidavits, appearing in court and making statement etc.

12. That both parties have condoned each other for their bad words and misbehaviour with each other and undertake not to commit the same in future and will address each other in polite and loving manner with full respect.

13. That on the aforesaid acts being done as stipulated, all disputes, differences between the parties shall stand settled and satisfied for all times to come and no claim whatsoever shall remain surviving against each other. The parties undertake not to rake up or initiate any issue or claim regarding their matrimonial life before any Court, Forum or Authority at any time in future.

14. That the parties have gone through the terms herein before recorded and have confirmed and verified the same to be correct and that they are going to sign it without any threat, pressure, coercion or undue influence from any quarter. Both sides undertake to abide by these terms.”

4. Learned counsel for the petitioner submits that in terms of the above settlement the parties have amicably resolved all their disputes and are now residing together with each other as husband and wife since past around one year. Learned counsel submits that since the parties have settled all their disputes and the complainant does not wish to pursue the present complaint, no useful purpose would be served with the continuation of the present complaint and the subsequent proceedings arising therefrom and seeks quashing of the same.

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5. The parties are present before this court in person and have been duly identified by the IO. Respondent No.2/complainant states that she was married to the petitioner No. 1 namely Ashish on 09.11.2008. One child was born out of wedlock. She states that she has amicably settled all the disputes with the petitioners and wants to put a quietus to the same. She states that now the petitioner No.1 and her are living together as husband and wife, happily and peacefully for the last around one year. She states that she does not wish to pursue the present FIR as she has settled with the petitioners voluntarily out of her own free will, without any fear, force or coercion. She states that she has no objection if the present FIR and all criminal proceedings emanating therefrom are quashed. Parties state that they have no complaints against each other and have amicably settled the matter between themselves. Respondent No.2 has also filed an affidavit of No objection along with the present petition.

6. I have considered the submissions and perused the records. The parties have amicably settled all their disputes and are stated to be living together as husband wife for the last around one year. The complainant/ respondent No.2 does not wish to pursue the present FIR. The chances of conviction would also be bleak given that the complainant does not wish to pursue the present complaint on account of the amicable settlement and since the parties are happily residing together with each other as husband and wife. In such circumstances continuance of FIR No. 330/13 would serve no useful purpose and may cause prejudice to the petitioner and be an exercise in futility. It is settled law that in matrimonial matters where the wrong is basically private or personal in nature and the parties have amicably resolved their entire dispute and there is a bleak chance of conviction, it is better to put a quietus to the dispute so as to prevent the abuse of the process of the Court and to secure the ends of justice. 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.

7. Since the parties have settled all their disputes and are living together, no purpose will be served in continuing with the present FIR. In view of the above, case FIR No. 330/13 dated 27.06.2013 registered under Sections 498A/406/34 IPC at PS Tilak Nagar, West Delhi and all the other proceedings emanating therefrom are quashed.

8. Accordingly, the present petition stands disposed of.

DINESH KUMAR SHARMA, J MAY 10, 2023

Sh Ashish Chhabra & Ors. v. The State & Anr.

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