Delhi High Court
Deepak Kapoor & Ors. vs State Gnct & Anr. on 20 September, 2023
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6818/2023
DEEPAK KAPOOR & ORS. ..... Petitioners
Through: Ms. Jyoti Kumar M., Adv. with
petitioners.
versus
STATE GNCT & ANR. ..... Respondents
Through: Mr. Digam Singh Dagar, APP and SI
Durga Prasad, PS Rajauri Gargen.
Mr. Taranpreet Singh, Mr. Dharm
Prakash and Mr. Md. Shamem, Adv.
with R-2.
% Date of Decision: 20.09.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 25470/2023
Exemption allowed subject to all just exceptions.
Application stands disposed of.
CRL.M.C. 6818/2023
1. The present petition has been filed seeking quashing of case FIR No.
0902/2021 dated 23.10.2023 under Sections 498A/406/34 IPC
registered at PS Rajouri Garden, West Delhi.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.09.2023
13:19:51
2. Learned Counsel for the petitioner submits that Respondent
no.2/complainant married petitioner no.1 on 27.11.2014 in accordance
with the Hindu Rites and Ceremonies. However, on account of
temperamental differences and mental incompatibility, the parties
started living separately since 10.01.2020 and instituted multiple
litigations against each other and their respective families including the
present FIR.
3. Learned Counsel further submits that during the pendency of the
proceedings, the parties have resolved their disputes amicably and in
furtherance thereof they have entered into a settlement agreement dated
23.08.2023 before the Mediation Centre, Tis Hazari. As per the
settlement it has been agreed between the parties that the petitioner
shall pay Rs. 2,50,000/- (Rupees two lacs fifty thousand only) in full
and final settlement of the entire dispute to respondent no.
2/complainant.
4. Pursuant to the settlement, a mutual divorce petition was also filed and
a decree of divorce was granted vide order dated 09.05.2023 passed by
Learned Judge, Family Courts, Tis Hazari.
5. Furthermore, the Learned Counsel for the petitioners submits that since
the parties have resolved all their differences amicably, therefore, it
would be in the interest of justice to quash FIR No. 0902/2021 dated
23.10.2023 under Sections 498A/406/34 IPC registered at PS Rajouri
Garden, West Delhi all the proceedings emanating therefrom.
6. It is settled that the inherent powers under section 482 of the Code are
required to be exercised to secure the ends of justice or to prevent
abuse of the process of any court. Further, the High Court can quash
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.09.2023
13:19:51
non- compoundable offences after considering the nature of the offence
and the amicable settlement between the concerned parties. Supreme
Court and this Court have repeatedly held that the cases arising out of
matrimonial differences should be put to a quietus if the parties have
reached an amicable settlement. Reliance may be placed upon: 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. Both parties are present in court and have duly been identified by the
IO. Respondent no. 2 submits that she has entered the settlement
voluntarily without any fear, force or coercion. She submits that other
petitions have already been withdrawn or dismissed. And since the
marriage between the parties has also been dissolved by a decree of
divorce by mutual consent order/judgment dated 09.05.2023, she has
no objection if FIR No. 0902/2021 dated 23.10.2023 under Sections
498A/406/34 IPC registered at PS Rajouri Garden, West Delhi and all
the proceedings emanating therefrom.
8. The settlement agreement provides for the following Terms and
conditions:
"1. It is agreed between the parties that they shall dissolve
their marriage by obtaining a decree of divorce by way of
mutual consent/court decree in the concerned court in
Delhi.
2. It has been agreed between the parties that the
respondent/husband Mr. Deepak Kapoor shall pay a total
sum of Rs. 2,50,000/- (Rupees two lacs fifty thousand only)
to the wife Ms. Vidhi Kapoor towards full and final
settlement of all her claims including istridhan,
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.09.2023
13:19:51
maintenance (present, past and future) and permanent
alimony etc.
3. That the above said settlement amount shall be paid in
the following manner:
(i) 1st installment of Rs. 80,000/- (Rupees eighty thousand
only) shall be paid by way of DD/electronic mode in the
name of wife at the time of recording or statements of the
parties in first motion which shall be filed within 15 days
from today.
(ii) 2nd installement of Rs. 80,000/- (Rupees eighty thousand
only) shall be paid by way of DD/electronic mode in the
name of wife at the time of recording or statements of the
parties in second motion which shall be filed as per law.
(iii) 3rd installment of Rs. 90,000/- (Rupees ninety thousand
only) shall be paid at the time of quashing of FIR No.
0902/21 before the Hon'ble High Court of Delhi. The
petition for quashing of present FIR shall be moved by the
respondent / husband within 30 days after passing o decree
of divorce by mutual consent. The complainant/ wife shall
cooperate to give statement, affidavit/NOC and to do all
these acts which may be required to be done before
concerned Hon'ble High Court for quashing of present FIR.
4. That the complainant/ wife shall withdraw present case
for Ld. Court Concerned after passing of the order in first
motion and before filing of the second motion. It is also
agreed and confirmed that no other case has been filed by
the parties against each other.
5. It is further agreed between the parties that after this
settlement both the parties shall be left with not right, title
or interest in the movable or immovable properties of each
other or their family members and both the parties shall not
file any case, complaint or litigation against each other in
execution of present settlement and withdrawal of already
filed cases.
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.09.2023
13:19:51
6. That the parties have gone through the terms herein
before recorded and have confirmed and verified the same
to be correct and that they are going to sing it without any
threat, pressure, coercion or undue influence from any
quarter. Both the sides undertake to abide by the terms &
conditions mentioned herein above."
9. Taking into account the totality of facts and circumstances of the case,
this court considers that the parties have entered into an amicable
settlement out of their own free will, without any fear, force or coercion
and they should be given an opportunity to lead their lives peacefully.
No purpose will be served in continuing with the trial.
10 .In view of the above, FIR No. 0902/2021 dated 23.10.2023 under
Sections 498A/406/34 IPC registered at PS Rajouri Garden, West Delhi
and all the other proceedings emanating therefrom are quashed.
11. The present petition stands disposed of.
DINESH KUMAR SHARMA, J
SEPTEMBER 20, 2023/AR
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:27.09.2023
13:19:51
