The main legal point established in the judgment is the court's exercise of inherent power under Section 482 Cr.P.C. to quash proceedings based on a settlement agreement and the amicable resolution of matrimonial disputes.

P.S.TEJI, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Kunal Girotra, Sh. K.L. Girotra, Smt. Veena Girotra and Smt. Pooja Wadhwa for quashing of FIR No.97/2013 dated 21.06.2013, under Sections 498-A/406/34 IPC registered at Police Station C.A.W. Nanak Pura on the basis of the settlement agreement arrived at between the petitioner no.1 and respondent No.2, namely, Ms. Shilpa Goel on 07.04.2015.

2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent No.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by her counsel.

3. The factual matrix of the present case is that the marriage was solemnized between petitioner no.1 and the respondent no.2. After the marriage, the in-laws of the complainant took all the jewellery given to her at the time of the marriage. The mother-in-law of the complainant used to torture her and force her to join a job. The complainant was even made to do all the house chores and was also taunted about the same by her mother-in-law. The husband of the complainant always used to refused to indulge into any physical relationship with the complainant and she was treated with mental and physical cruelty by her in-laws. The husband of the complainant used to click nude pictures of her and used to keep them in his laptop. The husband of the complainant even blackmailed her by threatening her that he would upload the said pictures. The accused persons had jointly been planning to get rid of the complainant. The in-laws of the complainant used to constantly demand more dowry from her.

Thereafter, the complainant got registered the FIR in question against the petitioners. The charge sheet in the case has already been filed. On 07.04.2015, both the parties to the petition mutually settled all their matrimonial disputes amicably.

4. Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the settlement agreement, the petitioner no.1 and respondent no.2 have agreed to take divorce by way of mutual consent under Section 13B (1) and (2) of H.M.A. and that the parties shall file the requisite petition under Section 13B(1) of H.M.A. simultaneously with the execution/signing of the present settlement agreement. It is also agreed that the second motion petition shall be filed by the parties within 6 months from filing of the first motion. It is also agreed that the parties shall not withdraw their consent for filing of the petition for divorce by mutual consent and quashing of the FIR after executing the present settlement deed. It is also agreed that the petitioner no.1 shall pay a sum of Rs. 22 Lakhs (“settlement amount”) to the respondent no.2 as full and final one time settlement of all claims (past, present and future). The schedule of payment shall be as enunciated in the terms of the agreement. It is also agreed that the quashing petition shall be filed within 15 days form recording of the statement of the second motion. It is also agreed that the parties shall not file any case against each other or their properties of any nature at any appoint of time in future. It is also agreed that pursuant to the payment of the settlement amount, all claims of respondent no.2 qua the petitioner no.1 shall stand satisfied. It is also agreed that the parties shall withdraw all cases except the FIR/charge sheet within 15 days against each other after recording of the statement of first motion divorce petition or any other cases filed by the relatives of the parties against each other. It is also agreed that in case the petitioner no.1 does not come forward for the second motion of divorce or does not comply with the terms and conditions of the present settlement then in that eventuality, the respondent no.2 shall be at liberty to revive all her cases and claim the balance amount and her maintenance in accordance with