Recently, 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 on in life.

The observation was made by Justice Talwant Singh.
In this case, the husband had approached the High Court seeking quashing of the FIR on the ground that his wife had settled all her disputes amicably with the husband and that a settlement was done 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 of all claims like Stridhan, child maintenance and permanent alimony whereas the wife shall invest Rs. 10Lakhs out of the aforesaid sum, in the name of their minor child till he attains the age of majority.

It was also agreed that the custody 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.