Shubham Sharma and Ors. v. State of Delhi and Anr.
Delhi High Court·14 Feb 2023·2023:DHC:1568
Dinesh Kumar Sharma
CRL.M.C. 152/2022
2023:DHC:1568
criminalpetition_allowedSignificant
AI Summary
The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute upon the parties' genuine settlement and divorce decree.
Full Text
Translation output
Neutral Citation Number 2023/DHC/001568
CRL.M.C. 152/2022 HIGH COURT OF DELHI CRL.M.C. 152/2022 SHUBHAM SHARMA AND ORS. ..... Petitioners Through: Mr.Pradeep Norula and Ms.Ayushi, advocates with petitioner in person
VERSUS
STATE OF DELHI AND ANR. ..... Respondents Through: Mr.Hemant Mehla, APP for the state with Mr.Dipanshu Meena, Advocate SI Ajit Singh, PS Shastri Park Metro Learned counsel with respondent no.2 in person. Date of Decision: 14.02.2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CRL.M.A. 584/2022 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.
1. The present petition has been filed for quashing of FIR No. 001/2021 registered under Sections 498A/406/34 IPC at PS Shastri Park, Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife. Signing
2. Facts in brief are that the marriage between the petitioner No.1 namely Mr. Shubham Sharma and Respondent No.2/complainant was solemnized on 19.11.2018 as per Hindu Rites and Customs at Agra. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 16.11.2019. Consequently, respondent no. 2/complainant lodged a complaint, basis which, the present FIR against the petitioners herein came to be registered. It has been submitted that the matter is now pending adjudication.
3. The marriage between the parties could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 03.02.2023 by the learned Principal Judge, Family Courts, Karkardooma Courts, Delhi. With the help of family members and wellwishers the parties settled all their disputes and arrived at a settlement deed dated 24.09.2021 on the following terms and conditions:
“1. That it is hereby agreed that the Party of the First Part will pay a sum of Rupees 90 lacs (Rs Ninety Lacs) as a settlement amount to Second Party which will be her alimony/maintenance past present and future and the Second Party hereby agrees not to claim any amounts from First Party or any of his family members in future on the receipt of the same. 2. It is hereby now agreed between the Parties that the amount of Rs. 90 lacs (Rs Ninety Lacs) as final settlement towards permanent alimony past present and future to be paid by Party of the First Part to the Party of the Second Part shall be paid as hereunder: • Rs 10 lacs (Rupees Ten lakhs) to be paid vide cheque/cash at the time of the signing of the present MoU. The Party of the Second Part shall acknowledge receipt of the amount of Rs. 10 lakhs in writing on the photocopy of the cheque which will be retained by the Party of the First Part.
Signing • That a sum of Rs. 30 lakhs (Rupees Thirty lakhs) shall be given to the party of the Second Part by the Party of the First Part at the time of recording of the statements of the First Motion under Section 13 (B) (1) of the Hindu Marriage Act. • That the amount of Rs. 30 lakhs (Rupees Thirty lakhs) shall be paid by the Party of the first Part to the party of the second part at the time of the recording of the second motion under Section 13 (B) (2) of the HMA. • That the balance amount of Rs. 20 lakhs (Rupees Twenty lakhs) shall be paid vide cheque by the Party of the First Part to the Party of the Second Part at the time of the quashing of the FIR No 0001/2021 under Sections 406/498-A/34 IPC in the High Court of Delhi at New Delhi.
3. That the first Party undertakes and assures that the sums to be paid by cheque by the Party of the First Part to the Party of the second Part would be cleared without any hindrance or obstacles and any issue arising with the clearance of the cheques would be resolved by the Party of the First Part immediately.
4. That the Party of the Second Part is in possession of all her jewellery/istriDhan/articles/clothing/household goods etc. and their remains nothing to be taken or given by the Parties and no movable articles of any nature whatsoever of each other is lying with either of the parties and no claim shall be made by either party against each other on any account whatsoever.
5. That the Parties have filed various cases against each other listed as hereunder: a) Complaint case in CC no 635 of 2020 under the PWDV Act as filed by the Second Party pending in the court of Ms. Vijayshree Rathore, MM mahila Court, karkadoma, Delhi. b) Transfer Petition in SLP No. 1057/2020 pending in the Supreme Court of India as filed by the Party of the Second Part. Signing c) A petition for divorce under Section 13 (l)(ia) of the Hindu marriage Act as filed by the Party of the First Part in HMA NO 665 of 2020 pending before the Principal Judge, Family Court at Agra. d) Petition under section 9 HMA in HMA pending in the Court of Family Court at Karkardooma Delhi. e) A complaint case under section 200 CrPc filed against the Party of the Second Part by Devangi pending in the Court at Agra will be also be withdrawn by Devangi. It is hereby agreed between the parties that they shall withdraw the respective cases within a period of one month from the date of signing of the present agreement and it is only thereafter that the Patties will accordingly file the Petition under Section 13 (B)(2) of HMA alongwith an application under Section 151 CPC for waiver of the period of 6 months.
6. That the Party of the Second Part hereby solemnly undertakes to give specific requested to the SHO, P.S, Shastri Park not to proceed with the matter/investigation in FIR No 0001/2021. The Parties also agree that a copy of the present memorandum of Agreement shall be filed jointly by the Parties before the SH0 Shastri Park on the date the present agreement is duly signed.
7. That the Parties have entered into the present agreement/memorandum of understanding out of their own free will, volition and without any undue influence, fraud or coercion from any party or person.
8. That Parties to this Settlement undertake that they shall duly perform and abide by all the terms and conditions as contained in this Settlement Agreement and in case of breach of any of the terms and conditions as envisaged herein above, the Parties are liable to be punished under the Provisions of the Contempt of Court 1971.
9. This Settlement Agreement shall be duly filed in the Family Court at Signing Karkadoma Delhi alongwith the petition under Section 13 (B)(1) & (2) of the Hindu Marriage Act and shall form part of the divorce petition.
10. The contents of this settlement agreement have been read by the parties and they hr1vc been explained independently advised of the terms of Settlement Agreement and have understood the same to be true and correct.
11. That the Parties have executed this settlement agreement without perpetuation of any force, undue influence or coercion from any quarter and both the parties shall be estopped in law to assail the validity of any clause of the settlement agreement on the ground of the same being void and unlawful.
12. That this settlement agreement shall become effective and enforceable in the eyes of law from the date of its execution and shall become effective and binding on the parties.
9,487 characters total
13. That this settlement agreement is prepared in duplicate signed by the parties and witnessed at every page in acknowledgement and acceptance of the terms thereof.”
4. The petitioners and the complainant/respondent no. 2 are present before this court in person and have been duly identified by the IO. Respondent No. 2 has stated that she was married to the petitioner No. 1 namely Shubham Sharma on 19.11.2018 and lived together till 16.11.2019. She has stated that no child was born out of wedlock. She has stated that now she has amicably settled all the disputes with the petitioners and wants to put a quietus to the same. As per the settlement, her husband/petitioner No.1 has to pay her Rs. 90,00,000/- towards full and final settlement of the entire dispute and she states that she has already been paid Rs. 70,00,000/-. The remaining sum of Rs. 20,00,000/- has been handed over to her today in Court by way of a Demand Draft bearing No. 444671 dated 07.02.2023 drawn on Punjab National Bank, Intl. Banking Br., Sanjay Place, Agra, Signing U.P.-282002. She has stated that she has no objection if FIR No. 001/2021 registered at PS Shastri Park, Delhi under Sections 498A/406/34 IPC and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, force, undue influence or coercion.
5. The dispute between the parties have been settled and continuance of FIR No. 001/2021 would serve no useful purpose and may cause prejudice to the petitioners and be an exercise in futility. The chances of conviction would also be bleak and remote, 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 decree of divorce dissolving their marriage. This court considers that it is better to put a quietus to the dispute in view of the settlement arrived at between the parties voluntarily. 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.
6. Considering the totality of facts and circumstances of the case and in view of the submissions of respondent no.2/complainant, the case FIR NO. 001/2021 dated 15.02.2021 registered at PS Shastri Park, Delhi under Sections 498A/406/34 IPC and all the proceedings emanating therefrom are quashed. Signing
7. The present petition stands disposed of.
DINESH KUMAR SHARMA, J FEBRUARY 14, 2023 Signing
Upgrade to Pro
This feature is available on the Pro plan. Upgrade to unlock full AI summaries, PDF downloads, and more.