Matrimonial FIR Cannot Be Quashed If Settlement Between Estranged Couple Remains Unexecuted: Delhi High Court

The Delhi High Court held that a matrimonial FIR cannot be quashed merely because a settlement agreement was signed if the terms of that settlement were never executed.

Justice Neena Bansal Krishna dismissed a 2005 petition filed by a Dubai-based man seeking to quash an FIR under Sections 498A and 406 of the IPC, noting that the settlement between him and his wife was never acted upon.

The Court observed that depositing cheques without ensuring their release or fulfilment of other obligations could not constitute compliance.

The Court concluded that since the divorce by mutual consent failed due to the husband’s non-appearance, the FIR could not be quashed based on an unfulfilled settlement.

[Arvind Bhatnagar v State & Anr]