Parties Compromised As It Arose Out Of A Matrimonial Dispute: Delhi High Court Quashes FIR u/s 377 IPC
The Delhi High Court has quashed the FIR under Section 377 of the Indian Penal Code (IPC) on the ground that the parties compromised as it arose out of a matrimonial dispute.
Facts
As per the settlement, it was agreed between the parties that husband/petitioner shall pay lump sum amount of Rs.74,00,000 to the wife/respondent as full and final settlement towards all claims, Stridhan, child maintenance, compensation, permanent alimony and child care maintenance towards past, present and future. The respondent shall invest out of the aforesaid sum, Rs. 10 lacs in the name of the minor for his benefit till he attains the age of majority.
It was agreed between the parties that out of the above settlement amount of Rs. 74,00,000 the petitioner shall pay a sum of Rs.20,00,000 at the time of signing of the Settlement Agreement. The demand draft drawn on Yes Bank has been given by the petitioner to the respondent.
The petitioner shall pay Rs. 20,00,000 to respondent at the time of recording of statements of the parties in the first motion petition under Section 13-B(1) of Hindu Marriage Act which shall be filed by the parties within ten days from the date of settlement. Payment of Rs. 20,00,000/- by way of DD/RTGS/NEFT shall be done by the petitioner no.1 before recording the statements in the second motion and acknowledgment shall be shared with the respondent.
It was agreed between the parties that petitioner no.1 shall pay Rs. 14,00,000/- to respondent no.2 by way of demand draft at the time of quashing of the aforesaid FIR. The petitioner no.1 undertakes to file the petition for quashing of FIR within 7 days of grant of decree of divorce. In case of failure of the petitioner no.1 to file quashing petition as aforesaid, he undertakes to pay the balance amount of Rs. 14,00,000 within 15 days of grant of decree of divorce by demand draft.
It was agreed between the parties that after receipt of the amount, respondent shall have no further claims whatsoever towards any amount/alimony towards past, present and future maintenance and accordingly her right towards any alimony past, present, future stands voluntarily waived.
Argument
The respondent/complainant stated that she has settled all her matrimonial disputes with the petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and requests that the present FIR and the proceeding emanating therefrom may be quashed.
Court’s Observation
The single judge bench of Justice Talwant Singh has held that parties have settled all their disputes, hence the offence under Section 354 IPC is also allowed to be quashed to put an end to all bickerings between the parties and allow them to begin a new chapter of their lives.
“In view of the settlement arrived at between the parties, this Court is of the opinion that no useful purpose will be served in continuing with the present proceedings. Resultantly, FIR No.003/2016 for offences under Sections 406/498A/354/377/34 IPC, registered at Police Station Crime Women Cell, Nanak Pura and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertakings given to the Court,” the court said.
Case title: Aneesh Gupta & Ors v/s State of NCT of Delhi & Anr.
Citation: CRL.M.C. 1356/2022
