Shashank Sharma & Ors. vs The State & Anr. on 22 February, 2023

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Delhi High Court

Shashank Sharma & Ors. vs The State & Anr. on 22 February, 2023

1. The present petition has been filed for quashing of FIR No. 154/2019 registered under Sections 498A/406/34 IPC at PS Tilak Nagar, New Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.

CRL.M.C. 4937/2022 Page 1 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA

Neutral Citation Number is 2023/DHC/001479

2. Facts in brief are that the marriage between the petitioner No.1 namely Mr. Shashank Sharma and Respondent No.2/complainant was solemnized on 18.04.2018 as per Hindu Rites and Customs. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 05.10.2018. Consequently, respondent no. 2/complainant lodged a complaint, basis which, the present FIR against the petitioners herein came to be registered. It has been submitted that the Chargesheet has been filed and the matter is pending adjudication before the Ld. MM. West District, Tis Hazari Courts, Delhi.

3. The marriage between the parties could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 20.07.2022 by the learned Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi. With the help of family members and well-wishers the parties settled all their disputes and arrived at a settlement deed dated 26.04.2022 before the Delhi High Court Mediation and Conciliation Centre on the following terms and conditions:

"1) That both the parties have agreed to dissolve their marriage by a decree of divorce by mutual consent in accordance with the provisions of section 13 B (1) and 13 B (2) of the Hindu Marriage Act, 1955. The parties have also agreed to file the joint petition for obtaining the decree of divorce by mutual consent before the appropriate Family Court/Court having its territorial jurisdiction to grant Divorce.

2) Both the parties have agreed to file the first motion for divorce by mutual consent under section 13B (1) of the Hindu Marriage Act, 1955 on or before 04.05.2022.

CRL.M.C. 4937/2022 Page 2 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA

Neutral Citation Number is 2023/DHC/001479

3) First Party and the Second Party shall file a joint application for waiving of statuary period of six months within 45 days from the date of the filing of joint petition under Section 13-B(1) of the Hindu Marriage Act in terms of the judgment of Hon'ble Supreme Court in case of AMARJEETSINGH VSHARLEENKAUR and file/cause second motion under Section 13-B(2) of the Hindu Marriage Act for dissolution of their marriage.

4) Should the Judge, Family Court, not waive the statutory period of six months, the First Party and the Second Party shall jointly make a motion under Section 13-B (2) of the Hindu Marriage Act (Second Motion) within 7 days from the expiration of the statutory period of six months before the concerned Family Court, in case the waiving of statutory period of six months is not granted by the Family Court.

5) That the First Party undertakes to pay a total sum of Rs.28,00,000/- (Rupees Twenty Eight Lakhs Only) to the Second Party as alimony (past, present and future) and maintenance (past, present and future) in the manner stated herein below:-

(a) Rs. 10,00,000/- (Rupees Ten Lakhs Only) shall be paid by the First Party to the Second Party by way of a Demand Draft at the time of recording of statement of first motion petition under Section 13B (1) HMA before the concerned Family Court.

(b)Rs.12,00,000/- (Rupees Twelve Lakhs Only) shall be paid by the First Party to the Second Party by way of a Demand Draft at the time of recording of statement of second motion petition under Section 13B(2) HMA before the concerned Family Court.

(c) Rs.6,00,000/- (Rupees Six Lakhs Only) shall be paid by the First Party to the Second Party by way of a Demand Draft at the time of quashing of the above said FIR bearing No. 154/2019 dated 25.03.2019 u/s 498A/406/354/377/34 IPC registered at Police Station Tilak Nagar, West Delhi against the First Party and his family members (In-Laws) and the same shall be filed within a month of the allowing of the second motion petition.

CRL.M.C. 4937/2022 Page 3 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA

Neutral Citation Number is 2023/DHC/001479

6) It is agreed that the Second Party shall withdraw the application under Section 125 Cr.P.C. pending adjudication before Ms. Renu Bhatnagar, Ld. Judge, Family Court, Tis Hazari Court, after recording the statement in the first motion petition under Section 13B (1) HMA and not later than two weeks.

(7) It is agreed that the Second Party shall withdraw the Criminal Application for further investigation, which is pending adjudication before Sh. Puneet Nagpal, Ld. M.M., Tis Hazari Court, Delhi after recording the statement in the first motion petition under Section 13B(1) HMA and not later than two weeks.

(8) It is agreed between the parties that the Second Party shall have no objection to the de-sealing of the locker No.364 in Punjab and Sind Bank, Anand Vihar Branch, New Delhi in name of Veena Sharma (Mother of the First Party) and an affidavit duly sworn in recording the No-Objection of the Second Party shall be handed over to the First Party at the time of signing of the second motion petition for divorce by way of mutual consent. The order of desealing of the locker shall be sought after the recording of the statement in the second motion petition.

(9) It is agreed between the parties that the Second Party shall have no objection to the quashing of FIR No. 154/2019 dated 25.03.2019 u/s 498A/406/354/377/34 IPC registered at Police Station Tilak Nagar, West Delhi against the First Party and his family members (In-Laws) and an affidavit duly sworn in recording the No-Objection of the Second Party shall be handed over to the First Party at the time of signing of the second motion petition for divorce by way of mutual consent. The order of quashing will be sought not later than one month after the recording of statement in the second motion petition. (10) It is agreed by the Second party that she will co-operate and will be present in the Court, if so required, at the time of the Order for quashing of the abovesaid FIR and the Order for desealing of the above said locker to be passed by the concerned Court. (11) Both the Parties undertake that that they will abide by and be bound by the agreed terms / stipulations of the Settlement Agreement.

CRL.M.C. 4937/2022 Page 4 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA

Neutral Citation Number is 2023/DHC/001479 (12) It is further agreed that both the parties shall respect the privacy of each other from now onwards.

(13) That the Parties have settled all their disputes with regard to jewelry / stridhan, maintenance, alimony etc. (past, present and future) and the parties undertake not to raise any dispute in future with respect to the present matrimonial discord. (14) That the parties undertake to not to file any case or complaint against each other or their respective family members at any time in future;

(15) That the Parties agree that they will not interfere in each other's life and do not have any grievance against each other. In view of the same, they have further undertaken that they shall not level any allegations against each other or each other's family members or cause not to act in a manner so as to harm the reputation and image of each other, in the family or at their work place or in the society at large.

(16) That both the parties agree to delete/dispose off from their possession including electronic gadgets, e-space pictures, audio/video recordings or any other personal items. The Parties also agree that both of them shall not misuse the same in future against each other for any known/unknown purpose or object.

(17) The Parties will undertake before the Family Court of competent jurisdiction not to violate any of the terms of the Settlement Agreement and to abide by all its terms in letter and spirit. In case any of the Party fails to comply with or violates any of the terms of the present Settlement Agreement, he/ she shall be held liable for the violations as per the law before the court of competent jurisdiction and would be liable to pay additional cost or penalty burdened due to such non-compliance or violation;

(18) By signing this Settlement Agreement and subject to the fulfilment of the terms and conditions of the present Settlement Agreement, the parties hereto state that they have no further claims or demands whatsoever against each other and all their disputes and differences have amicably been settled qua the present dispute through the process of mediation;

CRL.M.C. 4937/2022 Page 5 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA

Neutral Citation Number is 2023/DHC/001479 (19) That the parties agree and undertake to be bound by and to abide by the terms of this Settlement Agreement. The parties further agree and undertake that they shall not rescind from or dispute this Settlement Agreement in future. That the parties undertake and agree to strictly and timely abide by the terms and conditions of this present Settlement Agreement and that they shall not commit any breach or default;

(20) The Parties state that all the terms have been settled between the parties of their own free will, volition and consent and without there being any undue pressure, coercion, influence, misrepresentation or mistake (both of law and fact), in any form whatsoever; (21) The Parties states that they have agreed on each and every term recorded in this settlement agreement, after carefully reading over and fully understanding and appreciating the contents, scope and effect thereof, as also the consequences of the breach thereof, including payment of the fine/penalty.

(22) The parties agree that they shall appear before the Hon'ble Court during the physical / virtual, as the case may be, hearing to make their statements in terms of the present Settlement Agreement."

4. The petitioners and the complainant/respondent no. 2 are present before this court in person and have been duly identified by the IO. Respondent No.2 has stated that she was married to the petitioner No. 1 namely Shashank Sharma on 18.04.2018 and lived together till 05.10.2018. She has stated that no child was born out of wedlock. She has stated that now she has amicably settled all the disputes with the petitioners and wants to put a quietus to the same. As per the settlement, her husband/petitioner No.1 has to pay Rs. 28,00,000/- towards full and final settlement of the entire dispute and she states that she has already been paid Rs. 22,00,000/-. The remaining sum of Rs. 6,00,000/- has been given to her today by way of a Demand Draft bearing No. 503448 dated 16.02.2023 drawn on ICICI CRL.M.C. 4937/2022 Page 6 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA Neutral Citation Number is 2023/DHC/001479 Bank. She has stated that she has no objection if FIR No. 154/2019 registered at PS Tilak Nagar, New Delhi under Sections 498A/406/34 IPC IPC and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, force, undue influence or coercion.

5. The dispute between the parties have been settled and continuance of FIR No. 154/2019 would serve no useful purpose and may cause prejudice to the petitioners and be an exercise in futility. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. I do not see any reason to reject the settlement. Moreover, the parties have already been granted decree of divorce dissolving their marriage. This court considers that it is better to put a quietus to the dispute in view of the settlement arrived at between the parties voluntarily. The Supreme Court and this Court have time and again held that cases arising out of matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement. Reliance can be placed on 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.

6. Considering the totality of facts and circumstances of the case and in view of the submissions of respondent no.2/complainant, the case FIR No. 154/2019 dated 25.03.2019 registered at PS Tilak Nagar, New Delhi under Sections 498A/406/34 IPC and all the proceedings emanating therefrom are quashed.

CRL.M.C. 4937/2022 Page 7 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA

Neutral Citation Number is 2023/DHC/001479

7. The present petition stands disposed of.

DINESH KUMAR SHARMA, J FEBRUARY 22 2023 Pallavi CRL.M.C. 4937/2022 Page 8 of 8 Signature Not Verified Digitally Signed By:PALLAVI VERMA

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