Matrimonial FIR Quashed Following Amicable Settlement and Divorce.


09 April 2025 FIR >> Criminal Law   |   Divorce Law >> Family Law  

The Delhi High Court has quashed an FIR filed under Sections 498A (cruelty by husband or relatives), 406 (criminal breach of trust), and 34 (common intention) of the Indian Penal Code (IPC), along with all related proceedings, based on an amicable settlement between a divorced couple. The decision underscores the judiciary's recognition of out-of-court settlements in matrimonial disputes to ensure "quietus to the dispute."

The case involved an FIR (No. 482/2016) lodged by the wife against her husband and his family members. The couple had married on May 13, 2013, but due to "temperamental differences," began living separately in June 2015. This led to the wife filing a complaint under the Protection of Women from Domestic Violence Act, 2005, and subsequently the aforementioned FIR. The husband, in turn, filed for divorce.

 
 

During mediation at the Family Court, Dwarka, the parties successfully reached a Settlement Agreement dated June 7, 2024. Pursuant to this agreement, they jointly filed for mutual divorce, which was granted by the Family Court on December 6, 2024, legally dissolving their marriage.

A crucial aspect of the settlement was the withdrawal of all previous complaints and litigations by both parties, and the payment of the entire settlement amount of Rs. 60,00,000/- by the husband to the wife.

The High Court's Joint Registrar had already recorded statements from both parties, confirming the amicable settlement and the absence of any force or coercion. The Investigating Officer also verified the identities of the parties and the settlement deed, confirming that a chargesheet had already been filed in the matter.

Citing the Supreme Court's ruling in Gian Singh vs. State of Punjab, the High Court reiterated that it is appropriate to quash criminal proceedings if their continuation would be "unfair or contrary to the interest of justice" despite a settlement between the victim and the wrongdoer.

Given that the parties have fully settled their disputes, the High Court concluded that no useful purpose would be served by continuing with the FIR and its consequential proceedings. Therefore, the FIR, along with the chargesheet, was quashed, bringing an end to the legal battle between the former spouses.


Protection of Women from Domestic Violence Act, 2005