The central legal point established in the judgment is the importance of encouraging genuine settlements of matrimonial disputes and the exercise of power under Section 482 of the Code to quash criminal proceedings based on such settlements.

Sudershan Kumar Misra, J.

Crl. M.A. No. 16556/2014 (for exemption)

Exemption, as prayed for, is allowed, subject to all just exceptions.

The application stands disposed off.

CRL.M.C. 4820/2014 and Crl. M.A. 16555/2014 (for stay)

1. This petition under Section 482 Cr. P.C. seeks quashing of FIR No.211/2011, registered under Sections 498-A/406/34 IPC at Police Station Jagat Puri on 3rd May, 2011, on the ground that the matter has been amicably settled between the parties.

2. Issue notice.

Mr. P.K. Mishra, Additional Public Prosecutor enters appearance and accepts notice on behalf of respondent No.1/State.

3. Petitioners and respondent No.2/complainant are present in person and are identified by Investigating Officer-W/ASI Sunita, Police Station Jagat Puri.

4. It is stated that the aforesaid FIR came to be instituted at the instance of the complainant/respondent No.2 as a result of certain domestic and matrimonial disputes that have arisen between the parties pursuant to her marriage with petitioner No.1 on 7th December, 2009. At the same time, complainant had also instituted proceedings under Section 125 Cr. P.C.

5. Thereafter, the parties are stated to have approached the Delhi Government Mediation and Conciliation Centre and on 5th September, 2013 they arrived at a negotiable settlement. A copy of the mediation/conciliation report, setting down all the terms and conditions on which the disputes have been resolved between the parties, has also been annexed with the petition.

6. Further, in terms of the settlement arrived at between the parties, the complainant, as well as petitioner No.1-Tarun Makkar, stated before the Family Court that the matter has been settled between them on terms and, consequently, the marriage between the parties was dissolved under Section 13B(2) of the Hindu Marriage Act, 1985 in HMA No.1059/2014 on 5th September, 2014 by that Court. A copy of the decree sheet granting divorce by mutual consent to petitioner No.1 and respondent No.2 in HMA No. 1059/2014 has also been annexed to this petition. All other pending proceedings are also stated to have been brought to an end between the parties.

7. It is stated that in terms of the aforesaid settlement, the petitioners have undertaken to pay a sum of Rs.2,25,000/- to the complainant in full and final settlement of all her claims. Out of this amount, a sum of Rs.1,80,000/- is stated to have already been paid to the complainant; and the remaining amount of Rs.45,000/- has been handed over to her in the Court today by way of a bankers cheque bearing No. 169980 dated 27th October, 2014 drawn on Bank of Baroda.

8. The complainant approbates the aforesaid settlement and states that with the receipt of the aforesaid amount she does not have any further claims and that she does not wish to pursue the matter any further.

9. The Additional Public Prosecutor appearing for the State submits that looking to the overall circumstances, and since the matter pertains to a domestic and matrimonial disputes where the parties have settled the matter amicably, no useful purpose would be served in continuing with the proceedings particularly where the complainant is no longer interested in supporting the prosecution.

10. Looking to the decisions of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, which has referred to a number of matters for the proposition that even a non-compoundable offence can also be quashed on the ground of a settlement agreement between the offender and the victim, if the circumstances so warrant; by observing as under:

“58. ....However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespectiv