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Delhi HC: After Settlement in Matrimonial Cases, FIR u/s 377 IPC can be Quashed

2 min read

Sakina Tashrifwala

Published on: 16 September 2022 at 17:52 IST

According to the Delhi High Court, in marriage instances when a settlement has been reached, an offence under Section 377 of the Indian Penal Code may be compromised, and the FIR may be dismissed because the parties need to move on with their lives.

Thus, Justice Talwant Singh agreed with the judgement of a coordinate bench in Rifakat Ali & Ors v. State & Anr., decided on February 26, 2021, in which the Court had dismissed a FIR under Section 377 of the Indian Penal Code on the grounds that the parties had only resolved the issue amicably with one another because it was a matrimonial dispute.

In a decision dated September 6, the Court made a statement that, “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 the FIR can be quashed as parties have to move ahead in life. I concur with the said view. “

The Court subsequently dismissed an FIR that was filed by a wife at the Nanak Pura Police Station Crime Women Cell under Sections 406, 498A, 354, and 34 of the IPC.

The wife had resolved all of her disagreements with the husband and her in-laws amicably, and the parties had reached an agreement in September of last year, according to the husband, who had petitioned the High Court to quash the FIR.

According to the settlement agreement, the husband will give the wife a lump sum payment of Rs. 74,00,000 as full and final settlement of all claims, including Stridhan, child maintenance, and permanent alimony, and the wife will invest Rs. 10 lakhs of the aforementioned sum in the name of their minor child for the benefit of that child until he reaches the age of majority.

It was also decided that the wife would continue to be the child’s sole guardian and retain custody of the child. It was decided that the husband could meet the child in person for an hour during the week or have a one-hour video conversation with him on his birthday.

“Keeping in view the fact that parties have settled all their disputes, the offence under Section 354 IPC is also allowed to be quashed to put an end to all bickering’s between the parties and allow them to begin a new chapter of their lives,” the Court mentioned.

While dismissing the FIR, the Bench stated that the terms of the settlement and the Court’s commitments would continue to apply to the parties.

As a result, the plea was dismissed.