The central legal point established in the judgment is that the power under Section 482 of the Code should be exercised sparingly and with caution, and that criminal cases with a predominantly civil character, particularly those arising out of matrimonial relationships, should be quashed when the parties have resolved their disputes.

Sudershan Kumar Misra, J. (Oral):--

Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off.

Crl. M.C. 3163/2014

1. This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 135/2012, dated 03.05.2012 registered under Section 498-A/323/342/506 IPC at Police Station Vasant Kunj on the ground that the disputes between the petitioner and the complainant, who is arrayed as respondent No. 2 has been settled. A copy of the Settlement Agreement that has been executed on 19.11.2013 before the Delhi Mediation Centre, Rohini District Court, Delhi between the petitioner and the second respondent, has also been annexed to this petition. The parties have settled their disputes on the following terms:

“.....1. Both the parties shall get their marriage dissolved by a decree of divorce by mutual consent without leveling allegations and counter-allegations against each other in accordance with law before the Court of competent jurisdiction at Delhi.

2. The respondent/husband Sh. Sushil shall pay a total sum of Rs. 1,00,000/- (Rupees One Lac Only) to the complainant/wife, as full and final satisfaction of the complainant including all her claims past, present and future arising out of the marriage with respondent which shall include permanent alimony, maintenance and all other miscellaneous expenses.

3. The settled amount of Rs. 1,00,000/- (Rupees One Lac Only) shall be paid in Cash/DD/Cheque by the respondent/husband to the complainant/wife as follows:-

(i) First instalment of Rs. 25,000/- (Rs. Twenty Five Thousand Only) at the time of recording statements in First Motion Petition U/s 13B(1) of Hindu Marriage Act which shall be filed by the parties jointly.

(ii) Rs. 25,000/- at the time of withdrawal of present case, after first motion.

(iii) Rs. 25,000/- (Rs. Twenty Five Thousand Only) at the time of recording statements in Second Motion Petition U/s 13(B) (2) of Hindu Marriage Act which shall be filed by the parties jointly at the earliest stipulated period of six months.

(iv) Rs. 25,000/- (Rs. Twenty Five Thousand Only) at the time of quashing of FIR No. 135/10, PS Vasant Kunj U/s 498-A/342/323/406 IPC.

4. The complainant/wife shall withdraw all the cases i.e. present case filed against the respondent/husband and his family members, after receipt of entire settled amount.

5. Both the parties also undertake not to interfere in the life of each other in future.

6. Both the parties belong to very poor section of the society and they are unable to engage the counsel for the purpose of filing the petition for divorce by mutual consent however, in such eventualities, they may approach to the DLSA, if they so desired.

7. There shall remain no case/claim/dispute due between the parties after compliance of the terms of the present settlement and that none of the parties shall file any civil or criminal proceedings against each other in future and that if any other case/petition/complaint etc. between the parties is pending in any Court or Authority either against the parties or against their respective family members and whether it is in the knowledge of other party or not, the same shall be withdrawn/got disposed of by the respective party.”

2. It is stated that towards implementation of the aforesaid settlement, the parties have approached the Family Court under Section 13 (B) (2) of the Hindu Marriage Act, 1955 seeking divorce by mutual consent and the same has been decreed on 28.05.2014. Further, that the complainant, Smt. Priya, has already received a sum of Rs. 75,000/-, and the remaining amount of Rs. 25,000/- has been handed over to her in cash today in Court. No other litigation or complaint is stated to be pending between the parties. The affidavit of the complainant has also been annexed to this petition. The complainant also confirms having executed this affidavit, and states that she does not wish to pursue the matter any further; and that she has received all