Sh. Pradeep And Ors vs State(N.C.T Of Delhi) And Anr

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The Petitioners filed a petition under Section 482 CrPC seeking quashing of FIR No. 382/2015 registered at Police Station Mukherjee Nagar for offences under Sections 498A, 406 and 34 IPC on the ground that the parties had arrived at a mediation settlement before the Counselling Cell, Family Court, Delhi. The Settlement Deed dated 14.10.2019 was made part of the divorce decree dated 19.11.2019 passed under Section 13(B) of the Hindu Marriage Act. However, Respondent No. 2 (wife) was not prepared to proceed with the settlement on the ground that no provision had been made for maintenance of the child born from the wedlock.

The Delhi High Court referred the parties to the Delhi High Court Mediation and Conciliation Centre for further mediation, but the attempt to arrive at an amicable settlement failed. The Court noted that the settlement deed did not provide for any maintenance of the child, a matter the Apex Court has consistently held to be of paramount importance, and that the rights of a minor child cannot be extinguished by a settlement between the parents.

The Court proceeded to examine whether the FIR could be quashed in light of the matrimonial settlement, taking into account the interests of the minor child and the principles governing quashing of FIRs in matrimonial disputes where offences are non-compoundable but parties have settled their differences.

Catchwords: quashing of FIR matrimonial dispute Section 498A IPC Section 406 IPC mediation settlement Hindu Marriage Act Section 13B mutual consent divorce child maintenance minor child welfare non-compoundable offences inherent powers settlement deed