The main legal point established in the judgment is the need for amicable resolution of matrimonial disputes and the cautious exercise of power under Section 482 of the Code in quashing criminal proceedings.

Suresh Kait, J.

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seek quashing of FIR No.143/2006 registered at Police Station Jahangirpuri, Delhi, for the offences punishable under Sections 498A/304B/34 of the IPC and the consequential proceedings emanating therefrom against him.

2. Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Shakir Ali, father of deceased, consequent upon certain matrimonial and domestic disputes having arisen between the parties. It is also submitted that initially the FIR was registered under Section 498A/304A/34 of the IPC, however charges were framed against petitioner only for the offence punishable under Section 498A of the IPC. The case is at the initial stage of trial after framing of charge. Meanwhile, the respondent No.2 and the petitioner have amicably settled their disputes before Delhi Mediation Centre, Rohini Courts, Delhi vide settlement/agreement dated 19.11.2015, for a total sum of Rs.1,80,000/-. As per the said settlement, an amount of Rs.90,000/- was paid to respondent No.2 on 19.12.2015 and balance amount of Rs.90,000/- is being paid to him in cash today in the Court, which facts have not been disputed by the respondent No.2.

3. Learned counsel for the petitioners further submits that consequent to the order dated 29.10.2007 learned Additional Sessions Judge discharged the co-accused persons from the case and also discharged the petitioner from the offence punishable under Section 304B of the IPC. It is also agreed that the Criminal Revision Petition No.440/2011 filed by respondent No.2 in this Court, against said order will be withdrawn by him.

4. Respondent No.2 is personally present in the Court along with his counsel named above and he has been duly identified by the Investigating Officer of the case. Learned counsel under instructions does not dispute the submissions made by learned counsel for the petitioners and submits that the present matter has been amicably settled, he has received the entire agreed amount and has no complaints whatsoever against the petitioner. Affidavit of respondent No.2 is at page No.57 of the petitioner. Respondent No.2 states that now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question may be brought to an end.

5. Learned Additional Public Prosecutor appearing on behalf of the State submits that the case is at the initial stage of trial as charge has been framed against petitioner. He submits that the present matter is a matrimonial one and since the respondent No.2/complainant does not wish to pursue the case further against petitioner, no purpose would be served if the petitioner is directed to face trial. Therefore, the State has no objection, if the present petition is allowed.

6. Under the circumstances and looking to the decision of the Supreme Court in the case of Gian Singh Vs. State of Punjab and Another (2012) 10 SCC 303, wherein the Apex Court 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, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement