Harjeev Chawla & Ors vs State (Govt Of NCT Of Delhi) & Anr

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The petitioners filed a petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.30/2021 dated 19.01.2021, registered at Police Station Amar Colony, New Delhi, for offences punishable under Sections 498A and 406 of the Indian Penal Code, arising out of a matrimonial dispute between the parties. The principal ground urged for quashing was that the parties had entered into a Memorandum of Understanding (MoU) dated 20.07.2021, whereby a comprehensive settlement was reached covering payment of Rs.25,00,000/- and return of a 'Cartier' ring as full and final settlement of all claims including stridhan, maintenance, present and future claims, and permanent alimony.

The MoU also provided for mutual filing of a divorce petition under Section 13B(1) of the Hindu Marriage Act, 1955, withdrawal of all complaints filed by either party, and an undertaking by both parties not to initiate any further civil or criminal proceedings against each other arising out of the marriage or incidents occurring before the signing of the MoU. The settlement terms further required the petitioners to file a quashing petition before the Delhi High Court under Section 482 Cr.P.C. upon passing of the divorce decree.

The Delhi High Court took note of the terms of the MoU and the settlement arrived at between the parties in the matrimonial dispute. The matter was considered in the context of the well-settled legal position that matrimonial disputes of a personal nature, where the parties have amicably settled their differences, may warrant exercise of inherent jurisdiction to quash criminal proceedings in the interest of justice and to secure the ends of justice.

Catchwords: quashing of FIR Section 482 Cr.P.C. matrimonial dispute Memorandum of Understanding settlement Section 498A IPC Section 406 IPC cruelty criminal breach of trust stridhan divorce by mutual consent Section 13B Hindu Marriage Act inherent jurisdiction Delhi High Court