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Synopsis

Justice Talwant Singh of the Delhi High Court recently observed that after settlement in matrimonial cases, even the offence under Section 377 IPC can be compromised, and FIR can be quashed as parties have to move ahead in life.

The Single-Judge Bench relied on a co-ordinate bench Judgment in Rifakat Ali & Ors v. State & Anr. wherein it observed, “this Court is exercising its powers under Section 482 CrPC to quash an offence of Section 377 IPC on the ground that the parties have compromised the matter with each other only because it arises out of a matrimonial dispute, the allegation has been leveled by wife against her husband of committing an offence under Section 377 IPC and the parties have decided to move ahead in life.”

The court stated that as the parties have resolved all of their differences, the offence under Section 354 IPC may also be quashed to put an end to all bickering between the parties, allowing them to start a new chapter in their lives. Accordingly, the court quashed offences under Sections 406, 498A, 354, 377, and 34 of the Indian Penal Code (IPC).

The petitioner-husband had approached the court for quashing of an FIR registered against him, on the ground that the complainant-wife had settled all her disputes amicably with him, and arrived at a settlement on September 18, 2021.

According to the agreement, the petitioner-husband agreed to pay the wife a lump sum of Rs.74,00,000/- as full and final settlement for all claims (Stridhan), child maintenance, compensation, permanent alimony, and child care maintenance for the past, present, and future, and the wife agreed to invest Rs.10 lacs in the minor's name for his benefit until he reaches the age of majority.

Both parties also agreed that after receiving the aforementioned amount, the wife shall have no further claims to any amount/alimony for past, present, or future maintenance, and her right to any alimony for past, present or future maintenance is voluntarily waived. It is also agreed that custody and guardianship of the minor child, who is almost 9 years old, will remain with the wife, who will be the child's sole custodian. The petitioner-husband may have a one-hour video call with the child on the child's birthday or meet with the child for an hour during the week of the child's birthday, at the child's convenience.

Court noted that the wife had also filed an affidavit affirming that her claims and grievances against the petitioner-husband in the aforementioned FIR had been settled. It is also stated the complainant-wife has no objection if the FIR against her husband is dismissed as she has already settled her claims against him.

Accordingly, the court disposed of the petition.

Case Title: Aneesh Gupta & Ors. v. State of NCT of Delhi & Anr.