The Delhi High Court in Aneesh Gupta & Ors. V. State Of Nct Of Delhi & Anr. observed that in matrimonial cases where settlement has taken place, an offence under sec. 377 of the Indian Penal Code can be compromised and FIR can be quashed as parties have to move ahead in life.
The primary ground for the filing of this quashing petition is that the complainant has settled all her disputes amicably with the petitioners qua a settlement deed dated 18.09.2021. As per the deed, it is agreed between the parties that husband/petitioner no.1 shall pay a lump sum amount of Rs.74,00,000/- to the wife/respondent no.2 as full and final settlement towards all claims, Stridhan, child maintenance, compensation, permanent alimony and child care maintenance towards past, present and future. Respondent no.2 shall invest out of the aforesaid sum, Rs. 10 lacs in the name of the minor for his benefit till he attains the age of majority.
Amongst others, the matters related to the guardianship and sole custody of the minor child were also decided.
To decide whether or not the FIR can be quashed as this stage, the Court reffered to a coordinate bench’s decision passed in CRL.M.C. No. 599/2021 tilted ‘Rifakat Ali & Ors Vs. State & Anr. It was observed that “...the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding….”
“....When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives..”
Therefore, in light of the above mentioned principles and the contents of the settlement deed dated 18.09.2021, the Court held that “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.”