CASE TITLE:
Raja Berwa &Ors Vs State and Anr
DATE OF ORDER:
12th April, 2022
JUDGE(S):
Hon’ble JusticeChandra Dhari Singh
PARTIES:
PETITIONER: Raja Berwa &Ors
RESPONDENT: State and Anr
SUBJECT
The Delhi High Court has ruled that an FIR or complaint can be cancelled even in non-compoundable marriage disputes if the court is satisfied that the parties have resolved their differences peacefully and without undue pressure.
IMPORTANT PROVISIONS
498A, 406 and 34 of the Indian Penal Code, 1860.
BRIEF FACTS
- The petitioner no. 1 (husband) and respondent no. 2 (wife) married on April 20, 2003, but they have been living separately since May 2005 due to some temperamental issues. A girl kid was born out of wedlock, who is now a major.
- Despite many attempts at reconciliation, neither party was able to resolve their issues. The wife filed a complaint with the C.A.W. Cell, which led to the filing of a FIR against all of the petitioners.
- Both parties later reached an agreement before the Mediation Centre, Tis Hazari Courts, with the help of family members and relatives.
- The parties filed for divorce under the Hindu Marriage Act of 1955 as a result of their agreement. On August 31, 2021, the husband and wife filed their first move for divorce under section 13B (1), which was granted.
- The parties filed a petition under section 13B (2) of the HMA, and their marriage was dissolved by mutual consent on December 10, 2021.
- The wife had settled all of her claims for dowry articles, stridhan, marriage expenses, jewellery, gift items, and claims for past, present, and future maintenance and permanent alimony with the husband and other family members for a total of Rs. 15,50,000, of which Rs. 10,00,000 had already been paid and the remaining Rs. 5,50,000 had been agreed to be paid at the time of quashing of the FIR.
ISSUE RAISED
Whether a FIR for non-compoundable offences can be quashed if the court is satisfied that the parties have reached an amicable agreement in matrimonial disputes?
ANALYSIS OF THE COURT
- As a result, it was requested that the FIR be invalidated on the basis of the Memorandum of Understanding and the Supreme Court's decision 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.
CONCLUSION
The Court noted that the wife made no claim that the petitioners' conduct and antecedents were unfavourable to her after the compromise, and that she had received the whole amount agreed upon."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.
Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE
Click here to download the original copy of the judgement
