Delhi High Court Quashes FIR Accusing Husband Of Cruelty After Wife Pays Rs 12 Lakh To Him Under Divorce Settlement

The Delhi High Court quashed an FIR against a husband, who was accused of cruelty by his wife after the couple settled their differences. Besides dissolving the marriage by a decree of divorce under mutual consent, the wife also paid her husband an amount of Rs.12 Lakh towards all his claims.

"Out of the said amount, an amount of Rs.6 lacs was paid by the respondent no.2 [wife] to the petitioner no.1 [husband] at the time of recording of the statement of the first motion on 06.01.2023 and the remaining amount of Rs. 6 lacs was paid at the time of recording of the statement of the second motion, the receipt of which is acknowledged by the petitioner no.1," the court recorded in the order.

An FIR under Sections 498A/406/506/34 of IPC in 2017 against the man and his mother by the wife at Police Station Crime (Women) Cell, Nanak Pura, Delhi. The accused were later chargesheeted in the case. The accused this month approached the court for quashing of the FIR on the ground that the parties have arrived at a settlement. The matter was heard by Justice Vikas Mahajan.

The State said that since the FIR is an outcome of a matrimonial dispute and the parties have already compromised and resolved their differences, it does not have any objection in case the FIR in question is quashed.

The marriage of the couple was solemnised in December 2015, as per Hindu Rites and Customs at Zirakpur, Punjab. The parties lived together as husband and wife at Gurugram. "On account of incompatibility and irreconcilable differences between the parties, certain disputes and differences arose between them which led to the registration of the aforesaid FIR and the parties started living separately with effect from 01.03.2016," the court noted in the order, adding the couple do not have any child.

During the pendency of the proceedings, the parties settled their disputes and the terms of the compromise were reduced into writing in the form of Settlement Agreement dated December 01, 2022. "In terms of the said settlement, marriage between the parties was dissolved by a decree of divorce by mutual consent on 10.04.2023. Further, it was agreed that respondent no.2 shall pay an amount of Rs.12 lacs towards all claims of the petitioner no.1," the court recorded in the order.

The complainant told the court she has no objection in case the FIR is quashed. "On a query made by the court, the respondent no.2 also states that she has entered into compromise out of her own free will and without any pressure, coercion or threat," the bench said in the order.

Observing that It is in the interest of justice that the FIR and the proceedings emanating therefrom be quashed, the court said here is no legal impediment in doing so.

"Consequently, the petition is allowed and the FIR No.37/2017 under Sections 498A/406/506/34 and the charge sheet which was filed in Case No.6684/2019 registered at Police Station Crime (Women) Cell, Nanak Pura, are quashed along with all other consequential proceedings emanating there from," said the court.

Advocates Sudershani Ray and Drishti Mittal represented the petitioners.

Title: VK & ANR versus STATE GOVT OF NCT OF DELHI & ANR

Citation: 2023 LiveLaw (Del) 441

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