Full Text
HIGH COURT OF DELHI
CRL.M.C. 7119/2022
MR. ANSHUL BHARTI & ORS. ..... Petitioners
Through: Dr. Monika Singhal and Mr.Abhishek Gautam, Advocates with petitioners in person.
Through: Mr. Hemant Mehla, APP for the State with Mr. Dipanshu Meena, Advocate.
Date of Decision: 09.02.2023.
JUDGMENT
1. The present petition has been filed for quashing of FIR No. 0282/2017 registered at PS Dwarka South (Old), Delhi, under Sections 498A/406/34 IPC. The said FIR was lodged at the complaintof the respondent No.2/wife.
2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 27.03.2015 as per Hindu rites and customs in Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started VERMA residing separately since 28.03.2016. Thereafter, respondent NO. 2/complainant lodged the present FIR No. 0282/2017against the Petitioners herein. Trial with respect to the present FIR is pending and summons have been issued to the petitioners by the learned Court of MM, Dwarka Courts, New Delhi in Cr. Case No. 12477/2018.
3. Thereafter, due to the intervention of family members and wellwishers, the parties settled all their disputes amicably on 03.06.2017 before the Mediation Centre, Dwarka Courts, New Delhi on the following terms and conditions:
1. That both the abovesaid parties have settled all their claims/disputeswith regard to marriage between complainant/wife and respondent no.1/husband.It has been agreed between the parties that they shall seek divorce by mutual consent.
2. That the respondent no.1/husband has agreed to pay a sum of Rs.2,00,000/- (Rupees two lakh only), towards full and final settlement of all claims of complainant/wife regarding dowry articies, stridhan, permanent alimony and maintenance (past, present and future), which the complainant/wife has agreed to accept as such.
3. It has been agreed between the parties that the settled sum of Rs. 2,00,000/-(Rupees two lakh only) shall be paid by the respondent no.1/husband to the complainant/wife in two installments, as per the following schedule: (i)First installment of Rs.1,00,000/- shall be paid at the lime of recording of statement during N motion petition for divorce by mutual consent u/s13-B(1) of the Hindu Marriage Act, 1955, which shall be filed on20.07.2017.
(ii) Second/last installment of Rs.1,00,000/shall be paid at the time of recording of VERMA statement during second motion petition for divorce by mutual consent u/s13-B(2) of the Hindu Marriage Act, 1955, which shall be filed within 15 days after expiry of minimum statutory period after first motion u/s13-B(1) of the Hindu Marriage Act, 1955, as per law.
4. That the complainant/wife shall withdraw the present case as well as her both her above-mentioned connected cases mentioned at sl.no.2 and 3 on the day of recording of statement during second motion petition for divorce by mutual consent u/s 13-B(2) of the Hindu Marriage Act, 1955.
5. That the respondent no.1/husband shall withdraw the abovementioned connected case u/sec.[9] of HMA, from the Hon'ble concerned court on the date fixed i.e. 14.07.2017.
6. It has been agreed between all the parties hereto that they shall not post any photograph of each other or their respective family members/relatives on social media and shall also not contact each other or their respective family members/relatives
7. That the respondent/husband shall return all the belongings of the complainant/wife to her as per admitted list annexed hereto as Mark A, duly signed by both the parties hereto on the day of recording of statement during first motion petition for divorce by mutual consent u/s13-B(1) of the Hindu Marriage Act, 1955.
8. That the complainant/wife shall inform the concerned CAW Call and concerned police station regarding settlement of present as well as above-mentioned connected cases within one month from today.
9. It has been agreed between the parties hereto that if the complainant/wife does not withdraw her cases, same shall be treated as not pressed.
10. It has been agreed between the parties hereto that they VERMA shall make appropriate statements before the concerned courts/authorities and shall cooperate with each other in all the legal proceedings.
11. It has been agreed between the parties hereto that they shall not file any claim/case against each other or family members related to their marriage
12. That both the parties hereto shall bear their respective cost of litigation.
13. By signing this settlement, the parties hereto state that they have no further claims or demands against each other with respect to marriage between complainant/wife and respondent no.1/husband and all the disputes and differences in this regard have been amicably settled by the parties hereto during the process of mediation and that they shall not initiate any litigationin future against each other in respect of marriage between complainant/wife and respondent no.1/husband, subject to fulfillment of terms of this settlement.
14. That the abovesaid parties shall be bound by the terms and conditions as mentioned above and shall appear before the Hon'ble Referral Court on the date fixed i.e. 05.08.2017 to make a statement in terms of this settlement.
15. In case any of the parties hereto does not abide by the terms and conditions of this settlement, other party shall be at liberty to take appropriate action as per law.
16. That the contents of this settlement have been explained to the parties in vernacular and they have understood the same. All the abovesaid parties undertake that they have signed the above settlement after going through and understanding the contents and they have settled the dispute between themselves of their own will and without any force, pressure, or coercion from any quarter.”
4. In terms of the above settlement, the parties filed for divorce by way VERMA of mutual settlement and decree of divorce dissolving their marriage was granted vide order dated 06.03.2018 by the learned Judge, Family Courts, Dwarka Courts, New Delhi. Moreover, as per the settlement it has been agreed between the parties that they will withdraw all pending litigations/complaints between them, including the present FIR.
5. 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 Sh. AnshulBharti on 27.03.2015and lived together till 28.03.2016. 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. She has further stated that she has already received the agreed sum of Rs. 2,00,000/- (Rs. Two Lakhs only) from the petitioner. Both the parties state that the divorce has already been granted in
2018. Complainant/respondent no. 2 has stated that she has entered intothe settlement voluntarily out of her own free will, without any fear, force or coercion. She hasfurther stated that the petitionershave complied with the terms and conditions of the settlement and therefore, shehas no objection if the present FIR and all criminal proceedings emanatingtherefrom are quashed.
6. The dispute between the parties have been settled and continuance of FIR No. 0282/2017would serve no useful purpose and may cause prejudice to the petitioner 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 VERMA 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 deed arrived at between the parties voluntarily without any force, fear and coercion. The Supreme Court and this Court have time and again held that cases arising out of matrimonial differences 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.
7. Considering the totality of facts and circumstances of the case and in view of the submissions of respondent no.2/ Ms. Meghna, the case FIR NO. 0282/2017 registered at PS Dwarka South (Old), Delhi, under Sections 498A/406/34 IPC and all proceedings emanating therefrom are quashed.
8. Accordingly, the present petition along with pending application stands disposed of.
DINESH KUMAR SHARMA, J FEBRUARY 09, 2023 VERMA