Shahid v. The State & Anr.

Delhi High Court · 01 Feb 2023 · 2023:DHC:813

Dinesh Kumar Sharma

W.P.(CRL) 270/2023

2023:DHC:813

criminal appeal_allowed Significant

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The Delhi High Court quashed an FIR arising from matrimonial disputes after the parties amicably settled their differences and agreed to live together, emphasizing the court's power to promote reconciliation.

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Neutral Citation Number 2023/DHC/000813

W.P.(CRL) 270/2023
HIGH COURT OF DELHI
W.P.(CRL) 270/2023
SHAHID ..... Petitioner
Through: Ms. Anju Gautam, Advocate.

VERSUS

THE STATE & ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC with Mr. Akshay Kumar and Mr. Abhijeet Kumar, Advocates for respondent
No.1 with SI Ramchandra Nehru, PS Sadar Bazar.
Date of Decision: 01st February, 2023.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

JUDGMENT

DINESH KUMAR SHARMA, J.

(Oral)

CRL.M.A. 2528/2023 (exemption)
Exemption allowed subject to all just exceptions.

1. The present petition has been filed for quashing FIR No.126/2020 registered under Sections 341/324/506/509/34 IPC at P.S. Sadar Bazar and all other proceedings emanating therefrom.

2. Facts, in brief, are that the marriage between the Petitioner and Respondent no. 2 was solemnised on 25.03.2015 according to Muslim Rites and Ceremonies. A child namely Safoora was born out of this wedlock. Thereafter marital differences cropped up between the parties and the parties started living separately which led to filing of the FIR No.126/2020 by Respondent No. 2 registered at P.S. Sadar Bazar under Sections 341/324/506/509/34 IPC.

3. Learned Counsel for the petitioner submits that pursuant to the intervention of respectable persons and well-wishers, the matrimonial disputes and differences between both parties were sorted out. Attention has been drawn to the settlement deed dated 21.10.2022 executed between the parties at Delhi Govt. Mediation & Conciliation. He submits that in view of the settlement arrived at between the parties the above mentioned FIR is liable to be quashed.

4. Along with the petition, the settlement agreement dated 21.10.2021 executed has also been filed. The terms and conditions of the settlement are as follows:-

“1. It is agreed between and by the parties that they shall join each other company and start living together as husband and wife along with their child at the rented accommodation with their own free will and volition without any pressure from any corner on or before 18.11.2021. 2. It is agreed between and by the parties that Respondent/husband shall bear all household expenses & other expenses and shall also take care of Applicant/Wife & child and give all the necessities to them.

3. It is agreed between and by the parties that both parties shall avoid further matrimonial dispute between them and live peacefully.

4. It is agreed between and by the parties that both parties shall discharge their matrimonial obligations towards each other.

5. It is agreed between and by the parties that they shall live peacefully with each other and shall also give love and affection to each other.

6. It is agreed between the parties that both parties shall withdraw their cases/complaints pending before any Court/authority/Forum and as well as Caw-Cell Subzi Mandi, Delhi within one month after their reunion as per their rules & procedure. Thereafter, if found pending, it shall be treated as null and void.

7. That the above terms and conditions arrived at between the parties out of their own free will and without any coercion or pressure from the other.

8. Both the parties have undertaken to remain bound by the terms of the settlement.”

5. Today, parties are present in the Court and have been duly identified by the Investigating Officer. They state that pursuant to the settlement agreement, they are living together and no dispute is pending between them. Respondent No.2/complainant has also states that she has settled all her matrimonial disputes with the petitioners out of her own free will, without pressure, coercion or undue influence and does not want to pursue the present case any further and requests that the present FIR and all the proceedings emanating therefrom may be quashed.

6. It is pertinent to mention that the apex court and this court have VERMA repeatedly encouraged genuine settlement of marital disputes. Reliance may 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 resolved their disputes and have agreed to live together, there would be no purpose in continuing with the present petition. In view of the above, FIR No.126/2020 registered under Sections 341/324/506/509/34 IPC at P.S. Sadar Bazar and all other proceedings emanating therefrom are quashed.

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8. The present petition stands disposed of.

DINESH KUMAR SHARMA, J FEBRUARY 01, 2023 VERMA

Shahid v. The State & Anr.

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