FIR U/S 377 IPC Can Be Quashed In Matrimonial Cases After Settlement Between Parties: Delhi High Court

The Delhi High Court has observed that in matrimonial cases where settlement has taken place, offence under sec. 377 of Indian Penal Code can be compromised and FIR can be quashed as parties have to move ahead in life.

Justice Talwant Singh thus concurred with the decision of a coordinate bench in Rifakat Ali & Ors v. State & Anr. decided on February 26, 2021 wherein the Court had quashed an FIR under sec. 377 of IPC on the ground that the parties had compromised the matter with each other only because it arose out of a matrimonial dispute.

"So, the view of the co-ordinate bench is that in matrimonial cases, where settlement has taken place, even the offence under Section 377 IPC can be compromised and FIR can be quashed as parties have to move ahead in life. I concur with the said view," the Court observed in a ruling dated September 6.

The Court thus quashed an FIR registered under sec. 406, 498A, 354, 377 and 34 of IPC filed by a wife at Police Station Crime Women Cell, Nanak Pura.

The husband had approached the High Court seeking quashing of the FIR on the ground that the wife had settled all her disputes amicably with the husband and in laws and that a settlement was arrived at between the parties in September last year.

As per the settlement agreement, it was agreed that the husband shall pay lump sum amount of Rs.74,00,000 to the wife as full and final settlement towards all claims, Stridhan, child maintenance and permanent alimony whereas the wife shall invest out of the aforesaid sum, Rs. 10 lakhs in the name of their minor child for his benefit till he attains the age of majority.

It was also agreed that the custody and guardianship of the minor child shall remain with wife who shall be the sole custodian of the child. It was agreed that the husband may have a video call with the child for one hour on his birthday or may alternatively meet the child for one hour in the week.

"Keeping in view the fact that parties have settled all their disputes, hence the offence under Section 354 IPC is also allowed to be quashed to put an end to all bickerings between the parties and allow them to begin a new chapter of their lives," the Court said.

While quashing the FIR, the Bench said that the parties shall remain bound by the terms of the settlement and the undertakings given to the Court.

The plea was accordingly disposed of.

Case Title: ANEESH GUPTA & ORS. v. STATE OF NCT OF DELHI & ANR.

Citation: 2022 LiveLaw (Del) 869

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