High Court Quashes Wife’s FIR Against Husband After Settlement, Asks Him To Contribute Towards Delhi’s Green Cover

The Delhi High Court has asked a man to make contributions towards the "green cover" of the national capital, while quashing an FIR registered against him and his family members by his wife. The parties had reached a settlement after divorce by mutual consent.

Justice Saurabh Banerjee asked the husband to provide 500 ml of “Organic Fungicide for Plants” to five police stations in Delhi within two weeks.

“This Court applauds the goodwill gesture shown by the petitioner no.1 in playing his bit for spreading the green cover in the city of Delhi,” the court said.

The court quashed the FIR registered under Section 498A (cruelty to wife by husband or his relative), 406 (criminal breach of trust) and 34 (common intention) of Indian Penal Code, 1860.

The husband sought quashing of the FIR on the ground that both the parties arrived at a settlement in October last year. The complainant told court that she and the husband were granted divorce by mutual consent in May.

The wife also affirmed that as per the settlement, the husband agreed to pay Rs.18 lakhs to her out of which Rs. 10 lakhs were already paid and the remaining amount was handed over to her in July. She submitted that she had no objection to the quashing of the FIR.

“In view of the fact that the settlement has been arrived at between the parties, and as the respondent no.2 does not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes…,” the court said.

Advocates Mahesh Kumar Sharma, Kapil Kaushik, Sapna Sharma and Atma Ram Sharma appeared for the petitioners.

ASC Anand Khatri appeared for the State. Advocates Anand Parashar and Ritu Mishra appeared for the complainant.

Title: KARTIKYA SWAMI & ORS. v. STATE (NCT OF DELHI)

Citation: 2023 LiveLaw (Del) 898

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