Chirag Ahuja v. The State of NCT of Delhi

Delhi High Court · 10 May 2023 · 2023:DHC:3743

Dinesh Kumar Sharma

CRL.M.C. 3339/2023

2023:DHC:3743

criminal appeal_allowed Significant

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The Delhi High Court quashed an FIR under Sections 498A, 406, 34 IPC and Dowry Prohibition Act following an amicable settlement and mutual divorce between the parties, exercising its inherent powers under Section 482 Cr.P.C.

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Neutral Citation Number 2023:DHC:3743

CRL.M.C. 3339/2023
HIGH COURT OF DELHI
CRL.M.C. 3339/2023 & CRL.M.A. 12534/2023
CHIRAG AHUJA OTHERS ..... Petitioners
Through: Mr. Surinder Singh Tiwari and Mr. Arun Shrama, Advocates with petitioners.

VERSUS

THE STATE OF NCT OF DELHI THROUGH SHO KATJU MARG
& ANR. ..... Respondents
Through: Mr. Digam Singh Dagar, APP for the State and SI Ritu, PS K.N. Katju
Marg.
Ms. Seema Seth and Ms. Shreya M., Advocates with respondents.
Date of Decision: 10.05.2023.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)

CRL.M.A. 12533/2023
Exemption allowed subject to just exceptions.

1. The present petition has been filed under section 482 Cr.P.C seeking quashing of case FIR No.325/2018 registered under section 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 at PS K.N. KATJU MARG, Rohini, Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 24.05.2015 in accordance with the Hindu Rites and Ceremonies in Haryana. No child was born out of the wedlock. However, 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 12.10.2021 before Counselling Cell, Family Courts, Rohini, Delhi.

4. As per the settlement it has been agreed between the parties that the petitioner shall pay 24,50,000//- (Rupees Twenty Four Lacs Fifty Thousand Only) in full and final settlement of the entire dispute to respondent NO. 2/complainant. A DD No. 443371 dated 17.01.2023 revalidated on 17.04.2023 in the name of Dolly Kohli for a sum of Rs. 8,50,000/- (Rupees Eight Lacs Fifty Thousand only) drawn from Punjab National Bank has been handed over today in the court to respondent No. 2.

5. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 01.07.2022 passed by Learned Principle Judge, Rohini Court, 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.325/2018 registered under section 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 at PS K.N. KATJU MARG, Rohini, Delhi 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 noncompoundable 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 01.07.2022, she has no objection if FIR no. 325/2018 registered under section 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 at PS K.N. KATJU MARG, Rohini, Delhi.

9. Both the parties have reached on a settlement on the following terms and conditions:-

“1. The parties have agreed to dissolve their marriage by mutual consent In accordance with the law, as provided under Section 13(8) of the Hindu Marriage Act.

2. It is agreed between the parties that husband shall pay to the wife a sum of Rs. 24,50,000//- (Rupees Twenty Four Lacs Fifty Thousand Only) as full and final settlement (against stridhan and dowry, maintenance towards. past, present and future qua this marriage) in three installments by way of DD/Pay order. The respondent items as per list ‘ANNEXURE-A’.

3. It is further agreed between the parties that out of the settled amount the husband will pay Rs. 8,00,000/- (Rupees Eight Lacs Only) to the wife at the time of recording of the statement of first motion by way of DD/Pay order alongwith items as per list ‘ANNEXURE- A’ dated 12.10.2021.

4. It is further agreed between the parties that the husband will pay Rs. 8,00,000/- (Rupees Eight Lacs Only) to the wife at the time of recording of the statement of first motion by way of DD/Pay order.

5. It is further agreed between the parties that the husband shall pay balance amount of Rs. 8,50,000/- (Rupees Eight lacs Fifty Thousand only) to the wife at the time of quashing of FIR NO. 325/18, PS K.N. Katju Marg, under Section 498A/408/34 IPC before the Hon’ble High Court of Delhi within 10 days after second motion and the wife shall also cooperate and sign all the necessary affidavit and do the needful in quashing of said FIR.

6. It is further agreed between the parties that the first motion petition shall be filed on or before 30.10.2021 and second motion petition shall be filed soon after the completion of the statutory period of the order under Section 13(8){1} of HMA.

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7. There is/are no child/children namely born from this wedlock, who is/are living with the N.A. It is agreed amongst the parties that the custody, will be with N.A.. The N.A. will/will not have visitation rights during winter vacation for N.A. days and during summer vacation for N.A. days.

8. It is further agreed between the parties that petitioner /respondent will withdraw the case which is pending in the Court of Ms. Neha Mittal, MM(North) Rohini. It is further agreed between the parties that they will withdraw any other complaint / case filed by./ against either of the parties in any other court in Delhi / India.

9. The above settlement is with respect to all claims of wife past, present and future alimony stridhan, maintenance, pending amount of maintenance, articles, property etc. and neither she nor her relatives shall claim anything from husba.rid or his family members in future for herself or on behalf of child / children.

10. AII the matters emanating from this marriage whether 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 at any time in future in any Court of law/ Police Station etc.

11. It Is agreed between the parties that if either of the parties commit breach or default of this mutually agreed settlement after the recording of first motion, if wife backs out, the amount taken at the time of first motion shall be returned to the husband with 2% interest pr month an[4] if husband backs out, the amount given to the wife at the time of first motion shall stand forfeited and will be adjusted towards the amount of maintenance/alimony. It is further understood by the parties that for breach of the undertaking given to the concerned court or willful / deliberate violation of a consent order I decree, the defaulting party will be liable to be punished for contempt of court.

12. 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 broach thereof, including payment of the fine / penalty as mentioned above.

13. The terms and conditions mentioned in the settlement have been understood ln vernacular by either of the parties. The abovesaid settlement Is arrived at between the parties voluntarily, out of their own free will, volition and consent and without there being any undue pressure, force, coercion, influence, misrepresentation or mistake (both of fact arid law), in any form whatsoever and the parties have agreed that the Settlement / Agreement has been correctly recorded as per the agreed terms and conditions.”

10. 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.

11. In view of the above, FIR no. 325/2018 registered under section 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 at PS K.N. KATJU MARG, Rohini, Delhi and all the other proceedings emanating therefrom are quashed.

12. The present petition along with all the pending applications stands disposed of.

DINESH KUMAR SHARMA, J MAY 10, 2023

Chirag Ahuja v. The State of NCT of Delhi

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