Gurvinder Singh and Ors. vs. The State NCT of Delhi and Anr.
Background
The petitioners sought quashing of a 2015 FIR lodged by the wife against her husband's family after the marriage broke down. The dispute had actually been resolved at the Delhi Mediation Centre back in 2018, and the couple divorced by mutual consent in 2019, but the quashing petition itself was filed only much later due to the petitioners' financial constraints.
Decision Breakdown
The wife appeared in person and confirmed the settlement terms, a total of Rs 2,00,000 in lieu of alimony and maintenance, but pointed out that the final Rs 50,000 instalment, due in 2019, had only now been paid, and asked that the petitioners be penalised for the delay. The petitioners agreed to pay an additional Rs 25,000 for the delay. The Court quashed the FIR, but made the quashing conditional on the petitioners actually depositing this additional Rs 25,000 into the wife's bank account within five weeks.
Lesson Learnt
Courts quashing a settled matrimonial case will hold the settling party to full and prompt compliance, including penalising unreasonable delay in paying agreed settlement amounts, even years after the original agreement.