Matrimonial FIR Can't Be Quashed If Settlement Agreement Between Estranged Couple Not Executed: Delhi High Court

The Delhi High Court has observed that a matrimonial FIR cannot be quashed if the settlement agreement between the estranged couple is not executed.Justice Neena Bansal Krishna refused to quash an FIR lodged against a Dubai-based man in 2005, accusing him of dowry harassment by the wife. The same was done after the Court observed that the settlement agreement between the couple was never acted upon.It thus dismissed the petition filed by the man seeking quashing of the FIR registered under Sections 498A and 406 of Indian Penal Code, 1860. In 2018, the couple filed a petition seeking divorce by mutual consent. A settlement agreement was entered between them where the husband agreed to pay Rs. 37 lakh to his wife and two children. The divorce petition was dismissed for non-prosecution in 2021 amid COVID-19 and subsequent appeals were also rejected. The wife contended that even though a settlement was arrived at between them, but on account of non-fulfilment of obligations of the Settlement, coupled with the other reasons, the settlement could not succeed and the Divorce Petition was dismissed by the Family Court.Dismissing the petition, the Court noted that though a settlement was entered between the parties, but there was never any implementation or execution of the same.“Merely depositing cheques of certain amounts, which have not been released to the respondent till date, cannot be said to be a settlement acted upon,” the court said, adding that the husband himself was responsible for the failure of the divorce proceedings.Finding no merit in the plea, Justice Krishna said that the FIR could not be quashed merely on the basis of an unfulfilled settlement and dismissed the petition.“In view of aforesaid, there is nothing to show that this settlement has been ever acted upon by the Petitioner; merely depositing cheques of certain amounts, which have not been released to Respondent No.2 till date as no Divorce by Mutual Consent fructified purely on account of the Petitioner who admittedly failed to appear in the Family Court resulting in the dismissal of Divorce Petition. In the aforesaid circumstances, it cannot be held that the parties having acted upon the Settlement,” the Court said.Title: ARVIND BHATNAGAR v. STATE & ANRCitation: 2025 LiveLaw (Del) 1408Click here to read order

Matrimonial FIR Can't Be Quashed If Settlement Agreement Between Estranged Couple Not Executed: Delhi High Court

Nupur Thapliyal

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