The main legal principle established is the court's discretion to quash criminal proceedings based on settlement agreements in matrimonial disputes, emphasizing the need for amicable resolution and the exercise of caution in exercising such power.

Suresh Kait, J.

1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek directions thereby quashing of FIR No. 293/2010 registered at Police Station - Shahdara, Delhi, for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings emanating therefrom against them.

2. Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Smt. Rashmi Sharma, against the petitioners consequent upon certain matrimonial and domestic disputes having arisen between the parties. Further submits that aforesaid case was registered against the petitioners including the father-in-law of the respondent no.2 namely Mr. Shyam Dutt Sharma, who expired on 22.10.2011 and a Death Certificate to this effect is annexed at Page 39. Meanwhile, the respondent No.2 and the petitioners have amicably settled their disputes before Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement/agreement dated 24.03.2015, for a total sum of Rs.3,00,000/-. As per the said settlement, an amount of Rs.1,00,000/- was paid at the time of recording of the statement for first motion petition, Rs.50,000/- paid at the time of withdrawal of the complaint filed under Domestic Violence Act, Rs.50,000/- paid at the time of withdrawal of the maintenance petition filed under Section 125 Cr.P.C. and Rs.50,000/- at the time of recording of the statement of second motion petition. The balance amount of Rs.50,000/- is paid today in the Court by way of Demand Draft being no. 635528 dated 05.03.2016 drawn on Punjab National Bank, Dilshad Garden, Delhi, which facts have not been disputed by the respondent No.2.

3. Learned counsel for the petitioners further submits that consequent to the said settlement, marriage between the petitioner No.1 and respondent No.2 has been dissolved vide decree of mutual divorce dated 12.01.2016 under Section 13B(2) of the Hindu Marriage Act, 1955. Moreover, the agreed amount has also been paid by the petitioners, thus, respondent No.2 does not wish to pursue her case further against the petitioners.

4. Respondent No.2 is personally present in the Court. For her identification she has produced her Voter I Card being no. YHL2310471. Original seen and returned to respondent no.2. Respondent No.2 does not dispute the submissions made by learned counsel for the petitioners and submits that the present matter has been amicably settled, marriage between her and the petitioner No.1 has been dissolved vide decree of divorce dated 12.01.2016. She has received the entire agreed amount and has no complaints whatsoever against the petitioners. The affidavit of respondent No.2 is at page No. 12 of the petition. Respondent No.2 states that now no dispute with petitioners 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 after investigation, police has filed the chargesheet, charges framed and the case is at the stage of prosecution evidence. He further submits that the present matter is a matrimonial one and since the respondent No.2 does not wish to pursue the case further against petitioners, no purpose would be served if the petitioners are 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 o