Why Delhi High Court refused to quash cruelty case against husband despite monetary settlement

justice Chandra Dhari Singh refused to strike out the case under Section 498A of the Indian Penal Code (IPC) after observing that even after settling the dispute, the husband failed to comply with the terms of the agreement and subjected his wife to torture and cruelty.

Further, the Court took into account the wife’s argument that the husband had already recovered the amount he had given her at the time of settlement and also took away the hard-earned money he earned from the management of an independent store.

Therefore, the wife’s cause of action still survives, the Court said.

“This Court finds no reason to quash the impugned FIR as the cause of action still subsists and the agreement reached by the parties was never honored by the petitioner and subjected his wife to torture and cruelty, necessary condition to attract the formulation of charges under Article 498A of the IPC, it is considered that the petitioner has not been able to formulate any proposition that justifies the exercise of the inherent powers of this Court, since the conduct of the petitioner still includes the criminal nature of the offense charged against him under the said FIR.” said the Court.

Pertinently, the Court said that while it has broad inherent powers to quash under Section 482 of the Code of Criminal Procedure (CrPC) to quash cases, the same should be used with moderation and only in those cases where no harm can be caused to the person. society

Crimes specific to marital relations should not be annulled in a routine manner, especially if the victim of the said crime has opposed the said annulment by denying settlement, the single judge stressed.