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Judgment
SACHIN DATTA, J. (ORAL)
The present petition seeks quashing of FIR No.0656/2024, registered under Sections 85/316(2)/351(3)/3(5) of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and section 4 of Dowry Prohibition Act, 1961, registered at P.S. Nand Nagri, Delhi, and all consequential proceedings arising therefrom.
The parties seek quashing on the basis of a settlement arrived at between the parties under the aegis of Counsellor, Family Court, Shahadara District, Karkardooma, Delhi. The same has been placed appended as Annexure-P4 to the present petition. The same reads as under:
The present matter was referred for counseling by Ld. Principal Judge, Family Court Shahdra KKD Courts Delhi.
The admitted facts as per the parties are: Parties agree that marriage between the parties was solemnized as per Hindu rites and ceremonies on 23.05.2021. No child is born of said wedlock. Parties further state, that are living separately since 15.05.2023. Parties also state that they have explored all the possibilities of reconciliation and are unable to reside together as husband and wife.
Besides the present matter, following litigation are pending:
- FIR No-656/2024, u/s498A/406/34IPC, P.S. Nand Nagri, Delhi.
Parties have agreed to the following terms and conditions-
1.It is agreed between the parties that both the parties shall get divorce by way of mutual consent within the jurisdiction of Family Courts Delhi.
2.It is further agreed between the parties that after expiry of mandatory prescribed period of six (6) month or any other earlier, if any so permitted under the law / judicial pronouncement, they will file second motion as contemplated under the Hindu Marriage Act 1956 or in any other law and both the parties shall cooperate in entire process of mutual consent divorce proceedings and shall duly appear before the Hon'ble court for recording of their respective statement as required in law for the first and second motion.
3.It is agreed between the parties that the respondent shall pay a sum of Rs2,30,000/- (Rupees Two lakh Thirty Thousand only) to the wife (petitioner) against the istridhan, dowry articles, alimony, maintenance etc (past, present & future).
4.Parties also agree that the petitioner i.e. Wife, shall not claim, in future also, any maintenance (past, present, future), any istridhan, or lay claim on any right, title or interest in the (movable and immovable properties) of the husband or his family members.
5.Parties also agree that the respondent shall pay the settled amount of Rs2,30,000/- (Rupees Two Lakh thirty thousand only) via DD as follows -
a)Rs1,00,000/- (Rupees One Lakh only) by way of Cheque to the petitioner at the time of recording the statement of First motion. (Cheque No-247012302, Bank of Baroda, Shamli Branch, U.P)
b)Rs65,000/- (Rupees Sixty five thousand only) by way of DD/Cash in the name of petitioner at the time of recording the statement of second motion.
c)Rs65,000/- by way of DD/Cash to the petitioner at the time of quashing of FIR No-656/2024, u/s498A/406/34IPC, P.S. Nand Nagri, Delhi before the Hon'ble High court of Delhi with in one month after recording the statement of second motion. Petitioner shall cooperate and sign all the necessary affidavit and do the needful in quashing of said FIR.
6.It is agreed between the parties that if either of the parties commits breach or default of this mutually agreed settlement after the first motion if petitioner backs out the amount taken at the time of first motion shall be returned to respondent with 12% interest per annum and if respondent backs out the amount given at time of first motion shall stands forfeited by the petitioner. Both parties shall be further bound by the Judgement i.e. Rajat Gupta V/s Rupali.
7.It is agreed and undertake not to file any other complaint, petition, execution application etc. against each other at any time in future in any court of law in India and both the parties here by agree to abide by present settlement as having been reached without any undue influence, pressure or coercion.
8.It is agreed between the parties that in the event of failure of the compliance of present settlement, both the parties shall be at liberty to seek revival and peruse their respective cases / remedies under law which includes proceedings mentioned herein.
The complainant has been duly identified by the Investigating Officer (IO) who is present in Court. The complainant, who is present in person, acknowledges receipt of the entire settlement amount and confirms that there is no unfulfilled obligation under the said Settlement Agreement. She confirms that the settlement agreement was voluntary, without pressure or coercion and she has no objection to the quashing of the criminal proceedings against all the five petitioners.
The disputes arise out of a matrimonial relationship, which has now been resolved by the persons directly affected by the same i.e. petitioner no.1 and respondent no.2.
Applying the dicta laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, there is no impediment in acceding to the joint request of the petitioners and the respondent no.2 to quash the FIR and all consequential proceedings emanating therefrom. It is directed accordingly.
The petition stands disposed of in the above terms. Pending application also stands disposed of.