Manish Kumar & Ors. v. The State NCT of Delhi & Anr.

1. The present petition has been filed for quashing of FIR no.283/2019 registered under Sections 406/498/34 IPC at PS Shalimar Bagh.

2. Brief facts of the case are that marriage between Petitioner no. 1 and respondent no. 2 was solemnised on 21.01.2018 according to Hindu rites and customs. After their marriage, the parties lived together and one child namely Master Pulkit Kumar was born on 05.11.2018 out of the wedlock. However, the parties started living separately in 2019 due to serious differences and temperamental incompatibility. The present FIR was lodged on the statement of respondent NO. 2/complainant namely Jolly Taneja. The allegations made in the FIR were regarding the demand for the dowry as well as the mental and physical cruelty inflicted upon the complainant. Allegations were also made against Mahesh Kumar Rathy (husband), Ashok Kumar Rathy (father-in-law), Kiran Kumari (mother-in-law), Harsh Kumar Rathy (jeth) and Richa Rathy (jethani) for criminal breach of trust and criminal intimidation.

3. Pursuant to the lodging of FIR, the investigation was conducted and a charge sheet has been filed under Section 498A/406/34 IPC against the petitioners namely Manish Kumar, Harsh Kumar, Ashok Kumar Radhey, Kiran Kumari Rathi and Richa Kapahi.

4. Learned Counsel for the petitioners submits that during the pendency of the proceedings, the parties have amicably settled and compromised all the disputes between them in respect of FIR under Signing reference. He also states that the parties have entered into a settlement agreement dated 27.11.2021 at Delhi Mediation Centre, Rohini, District Court, Delhi.

5. Pursuant to the settlement, a petition for divorce by mutual consent was filed and the decree of divorce was on 25.08.2022 by the learned Principal Judge, Family Court, North-West, Rohini Courts, Delhi. Learned Counsel for the petitioner submits that since no dispute is left between the parties and no purpose would be served by continuing with the trial of the FIR and therefore, the present FIR may be quashed.

6. Ordinarily, FIRs such as in the present case should not be quashed, however, it was observed by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, that it is encouraged to quash the FIR in circumstances wherein a compromise has been achieved especially in those criminal cases which have overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of a matrimonial relationship or family disputes.

7. Recently, the Supreme court in Jasmair Singh and Another vs. State of Haryana and Another (2022) 9 SCC 73 quashed the proceedings arising out of a matrimonial dispute on the ground that the parties have buried the hatchet and decided to give quietus to the proceedings which were lodged inter se. Signing

8. The settlement agreement dated 27.11.2021 has been placed on record which specifically states that the settlement will not affect the rights of the child in any manner. The terms of the settlement are as under: “1) It is mutually settled between the parties that parties shall get dissolved the marriage by a decree of divorce by mutual consent without leveling allegations and counter-allegations against each other in accordance with law before the Court of competent jurisdiction al Delhi. 2)The husband/respondent no.1shall pay a sum of Rs.11.00,000/- (Rupees Eleven Lakhs only) alongwith articles as mentioned an annexure A, lo the complainant/wife, in full and final settlement of all claims of the complainant including all her claims past, present and future arising out of the marriage with respondent no 1 which shall include permanent alimony. istridhan, dowry articles, maintenance of complainant and minor child and all other miscellaneous expenses whatsoever 3)The settlement amount of Rs.11,00,000/- (Rupees Eleven Lakhs only) shall be paid by respondent no.1/husband to complainant/wife in the following manner; (a) A sum of Rs.4,00,000/- ( Rupees Four lakhs only) shall be paid by the respondent/husband to the complainant/wife at the time of recording of statements in First Motion Petition U/s.13B(1)of Hindu Marriage Act which shall be filed within 15 days from today. However, it is settled that out of this amount of Rs. 4,00,000/-, FOR of Rs.2,00,000/- shall be made in the name of minor son Master Pulkit Kumar by the complainant. (b) A sum of Rs.4,00,000/- ( Rupees Four lakhs only) shall be paid by the respondent/husband lo the complainant/wife at the time of recording of statements in second Motion Petition U/s.13B(1) of Hindu Marriage Act which shall be filed within one month from the date of passing order in first motion, by moving appropriate application in that regard. However, it is settled that out of this amount of Rs.4,00,000/- FDR of Signing Rs.2,00.000/- shall be made in the name of minor son Master Pulkit Kumar by the complainant (c)A sum of Rs.3,00,000/- ( Rupees Three lakhs only) shall be paid by the respondent no. 1/husband to the complainant/wife at the lime of quashing of the FIR mentioned above before Hon'ble High Court of Delhi, New Delhi and complainant/wife shall cooperate for the same and the quashing petition shall be filed within two months from passing of the decree of divorce,

4) It is also settled between the parties that respondent/husband shall also hand over the articles as mentioned in annexure A to the complainant/wife, at the time of first motion before the court. 5)The custody of minor son shall remain in the custody of complainant/wife and respondent/husband shall have no visitation right and complainant shall look after and maintain the child.

6) Both the parties undertake not to interfere in the life of eachother in future, in any manner whatsoever. 7)Complainant/wife shall withdraw the present case as well as connected case mentioned above after recording of statements in first motion petition but before second motion.

8) It is settled that there shall remain no case/claim/dispute due between the parties after compliance of the terms of the present settlement and that none of the parties shall file any civil or criminal proceedings against each other or the family members in future qua the present Cause of action and that if any other case/ petition/complaint etc. between the parties is pending in any Court or Authority either against the parties or against the irrespective family members and whether it is in the knowledge of other party or not, the same shall be withdrawn/got disposed of by the respective party. The parties entered into the present Settlement/Agreement voluntary. without any fear, coercion or undue influence from any corner, whatsoever. The parties shall be bound by this Signing settlement and shall co-operate to execute this settlement in every possible manner whatsoever.”

9. Both parties are present in Court and have duly been identified by the IO. They state that their settlement shall not affect the rights and interests of the child in any manner. IO has duly identified the parties.

10. In view of the above, FIR no.283/2019 registered under Sections 406/498/34 IPC at PS Shalimar Bagh and all the proceedings emanating therefrom is quashed.

11. The petition stands disposed of.

DINESH KUMAR SHARMA, J FEBRUARY 10, 2023 Signing