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HIGH COURT OF DELHI
CRL.M.C. 879/2023
PRAJOL BISWAL AND ORS ..... Petitioners
Through: Mr. A.K. Dubey, Advocate with petitioners in person
Through: Mr. Digam Singh Dagar, APP for the State with SI Brham Prakash, PS
Sarita Vihar.
Mr. Vinod Kumar, Advocate for respondent No.2 with respondent
No.2.
Date of Decision: 13th February, 2023
JUDGMENT
Exemption allowed subject to all just exceptions.
1. This is a petition for quashing of FIR No.0360/2019 under Sections 498A/406/34 IPC registered at Police Station Sarita Vihar.
2. The facts of the case, in brief, are that the marriage between the parties took place on 29.04.2018. No child was born out of this wedlock. Thereafter, due to temperamental incompatibility disputes arose between the parties which resulted in the registration of the FIR. Learned counsel for the petitioners submits that with the intervention of well wishers and relatives, the matter has been amicably settled. The parties have also entered into a Settlement Agreement dated 01.12.2022. Learned counsel for the petitioner further submits that pursuant to the settlement agreement, a petition for divorce vide mutual consent was filed and the first motion has already been passed vide order dated 01.12.2022. He submits that the petition for the second motion is fixed today itself. It is the case of the petitioners, that since no grievance of whatsoever nature is left between the parties, it will be in the interest of justice that the present FIR along with all the proceedings emanating therefrom are quashed.
3. Respondent No.2 is present in person and has duly been identified the respondent No.2. She states that she has entered into the settlement amicably without any fear, force and coercion with the petitioners.
4. I have gone through the Settlement Agreement dated 01.12.2022. The Settlement Agreement reveals that the parties have reached at the settlement as they could not live together on account of some temperamental differences.
5. The terms and conditions of the Settlement Agreement reads as under:- VERMA “AND WHEREAS It is agreed between the parties that they shall dissolve their marriage by obtaining a decree of divorce by way of mutual consent/court decree in theconcerned court in Delhi.
AND WHEREAS It has been agreed between the parties that the petitioner No-1/wife towards full and final settlement of all her claims including Istridhan, maintenance (present, past and future) and permanent alimony, marriage articles/jewelry etc.
AND WHEREAS That the petitioner No-1 /wife has received the full and final settlement of all her claims including Istridhan, maintenance (present, past and future) and permanent alimony, marriage articles/jewelry etc.
AND WHEREAS That the FIR will be quashing before the second motion. That the Petitioner No-1 /complainant shall cooperate to give statement/NOC and to do all these acts which may be required to be done before concerned Hon' ble High Court for quashing of present FIR.
AND WHEREAS It is agreed that the parties shall withdraw their respective cases/complaints etc. from the courts /authorities concerned on their respective dates of hearing.
AND WHEREAS It is further agreed between the parties that after this settlement both the parties shall left with no right, title, or interest in the movable or immovable properties of each other or their family members and both the parties shall not file any cases, complaint or litigation against each other in future pertaining to the present marriage and shall cooperate with each other in execution of present settlement.
AND WHEREAS It is agreed that in case of default from either side in carrying out the terms of the settlement he/she shall be liable to pay Rs. 50,000/- by way of penalty /compensation to the other Sides.
AND WHEREAS It is further agreed between the petitioner that after the settlement both of them have left with no right, title or interest in the movable and immovable properties of VERMA each other or their family members and both the parties shall not file any case, complaint or litigation against each other in future pertaining to the present marriage and shall cooperate with each other in execute of the settlement deed.
AND WHEREAS It is agreed between the petitioners that they will not interfere in the lives of each other and shall part ways amicably.
AND WHEREAS That the parties state that apart from the referred matter, there IS no other civil or criminal proceedings filed by either of them against each other or against their family members.
AND WHEREAS It is agreed between the parties that they shall remain bound by the terms of the settlement arrived before the MOD/settlement Deed.
AND WHEREAS the second party have assured, promised and committed to first party and other social people of locality to keep away from any kind of violent, behavior, social misconduct, and nature of criminal acts as well as to maintain to promote peace,.harmony and social discipline in society.
AND WHEREAS the first party after amicable resolution of disputes with the second party have been peacefully residing without any nature of ill feeling or animosity with each other. And the First party and second party are ready to withdraw the case.
AND WHEREAS the first party has further agreed to a compromise and as and when second party moves this MOU before this Hon 'ble Court or any other competent Court of Law in this regard. They will.assist with the same each other.
6. It is a settled proposition of law that the High Courts while exercising it’s inherent power under Section 482 Cr.P.C. can quash non- compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. The Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences VERMA should be put to a quietus if the parties have reached on 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 and Jasmair Singh and Another vs. State of Haryana and Another (2022) 9 SCC 73
7. Taking into account the totality of facts and circumstances, the case FIR No.0360/2019 under Sections 498A/406/34 IPC registered at Police Station Sarita Vihar and all the proceedings emanating therefrom are quashed.
8. The present petition stands disposed of.
DINESH KUMAR SHARMA, J FEBRUARY 13, 2023 VERMA