FIR For Non-Compoundable Offences Can Be Quashed In Matrimonial Disputes If Court Satisfied That Parties Settled Disputes Amicably: Delhi HC

The Delhi High Court has observed that FIR or complaints can be quashed even in respect of non-compoundable offences pertaining to matrimonial disputes if the Court is satisfied that the parties have settled their disputes amicably, without any pressure.

Justice Chandra Dhari Singh observed thus:

"Even in non- compoundable offences pertaining to the matrimonial disputes, if Court is satisfied that parties have settled the disputes amicably and without any pressure, then for the purpose of securing ends of justice, FIRs or complaints or subsequent criminal proceedings in respect of offences can be quashed."

The Court quashed an FIR registered under sec. 498A, 406 and 34 of the Indian Penal Code, 1860. The petitioner no.1 (husband) and respondent no.2 (wife) got married to each other on 20th April, 2003 but due to some temperamental differences between them, they started living separately since May, 2005. There was a girl child born out of their wedlock, who was now major.

Despite several efforts of reconciliation, both the parties could not settle the differences. The wife had the lodged a complaint in C.A.W. Cell which culminated into the FIR against all the petitioners.

With the intervention of family members and relatives, both the parties had later entered into settlement before Mediation Centre, Tis Hazari Courts.

In pursuance of the said settlement, the parties moved for divorce under the Hindu Marriage Act, 1955. The husband and wife had filed their first motion of the divorce petition under sec. 13B(1) which was allowed on 31st August, 2021.

The Petition under sec. 13B(2) of HMA was filed by the parties and their marriage was dissolved by mutual consent vide order dated 10th December, 2021.

It was thus submitted that the wife had settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with the husband and other family members for a sum of Rs. 15,50,000 and Rs. 10,00,000 were already paid while remaining Rs. 5,50,000 was agreed to be paid at the time of quashing of the FIR.

It was therefore prayed that the FIR be quashed on the basis of Memorandum of Understanding and as per the Judgment of the Supreme Court in Gian Singh vs. State of Punjab.

"The instant criminal proceedings in respect of non-compoundable offences are private in nature and do not have a serious impact on the society especially when there is a settlement/compromise between victim and accused. In such cases, it is settled law that High Court is also required to consider the conduct and antecedents of the accused in order to ascertain that the settlement has been entered into by her own free will and has not been imposed upon her by the petitioner or any person related to him," the Court said.

The Court noted that there was no allegation from the wife that the conduct and antecedents of petitioners had been bad towards her after the compromise and that according to the settlement, she had received the entire settled amount.

"In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. In view of the settlement arrived at between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed," the Court said.

Accordingly, the plea was disposed of.

Case Title: RAJA BERWA & ORS v. STATE & ANR

Citation: 2022 LiveLaw (Del) 340

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