Kailash & Ors. v. The State of NCT of Delhi & Anr.

1. Present petition has been filed for quashing of FIR No. 0032/2021 under Sections 498A/406/34/354 IPC, PS Paschim Vihar, West, Delhi. The said FIR was lodged at the complaint of the respondent No. 2/wife against the petitioners herein. Signing

2. Learned counsel for the petitioner submits that the marriage has been dissolved between the parties and all disputes amicably settled. The parties are present before this court in person and have been duly identified by the IO. Respondent No.2/wife has stated that she was married to the petitioner No. 1 namely Kailash on 13.12.2018. She has stated that one child namely Jasveer was born out of the wedlock who unfortunately passed away on 09.09.2020. 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 stated that the marriage between the parties has also been dissolved by a decree of divorce by mutual consent under Section 13 B (2) of the Hindu Marriage Act, 1955, vide order dated 15.09.2022. The parties have entered into a MOU dated 21.03.2022 on the following terms and conditions: “1.That the first party has settled all her claims of dowery articles, jewellery, istridhan, maintenance, past, present and future and permanent alimony, pendent-lite expenses and any other claims in respect of this marriage. It has been agreed that the second party will give Rs 4,00,000/- against the Wagon-R Car which was given in the dowry. It was further agreed that the second party will return jewellery of the first party as per list attached and second party shall also pay Rs. 2,36,000/- to the first party with regard to remaining dowry articles as full and final settlement with regard to this marriage.

2. That it was agreed before the Panchayat that the second party shall hand over the entire jewellery of first party as per list attached and Rs 4,00,000/- in cash as against the Wagon-R car bearing No. DL-6C-R-7644 and Rs 2,36,000/- to the pachayat which will be handed over to the first party after the decree of divorce is passed by the Hon'ble court

3. That the second party has already handed over the jewellery as per the list attached and Rs 4,00,000/- as against the car and Signing Rs. 2,36,000/- as against the remaining dowry articles to Sh. Jangbahadur Badgujar sarpanch of the society) which are lying in his possession.

4. That both the parties to the deed has agreed to dissolve their marriage by mutual consent as there is no possibility of parties to live together as husband and wife in future and both the parties have agreed to file divorce petition under section 13-B (1) and 13-B (2) of Hindu Marriage Act, before the concerned matrimonial court at Delhi and both the parties undertakes to take necessary steps in this regard and undertakes to appear before the matrimonial court for recording of the statement for obtaining the divorce by mutual consent.

5. That both Parties to the deed shall file petition u/s-13-B (2) of HMA after the first motion is allowed at the earliest.

6. That it has been agreed that the second party after grant of divorce by the concerned court shall file petition for quashing of FIR No. 0032/21, u/s 498A/406/34/354 IPC P.S Paschim Vihar West before Hon’ble High Court of Delhi. It is further agreed that first party shall cooperate with the second party in quashing of the FIR in question.

7. That it has been agreed that the first party shall withdraw the case u/s 12 of DV Act after the first motion petition u/s 13-B (1) of HMA is allowed by the concerned court.

8. That it has been further agreed that the first party/wife past, present and future alimony, stridhan, maintenance, pending amount of maintenance, jewellery articles etc. and second party/husband nor his relatives shall claim anything from the first party/wife or her family members in future with regard to the said marriage.

9. That it has been agreed that all the matters relating to this marriage either civil or criminal are settled and neither the parties nor their relatives shall make any claim with regard to Signing said marriage against each other in future in all courts of law/police station etc.

10. That if any party has filed any complaint/case which is not in the knowledge of either of the parties in any court of law, police, CAW Cell or any authority in any part of India, then it shall be deemed to be considered as compromised and withdrawn and shall not have any legal effect.”

3. Respondent no.2/wife states has she has entered into the settlement at her own free will without any fear, force or coercion. She also states that the petitioners have complied with all the terms and conditions and she has already received the settlement amount. She states that she has no objection if the present FIR and all criminal proceedings emanating therefrom are quashed.

4. Since, it was a dispute arising out of a matrimony and the parties have entered into a settlement at their own free will, I consider that there would be no useful purpose of continuing with the present proceedings as the chances of conviction would be remote/bleak. 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).

5. 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. 0032/2021 under Sections 498A/406/34/354 IPC at PS Paschim Signing Vihar, West, Delhi and all criminal proceedings emanating therefrom are quashed.

6. Accordingly, the present petition stands disposed of.