The main legal point established in the judgment is the application of inherent powers under Section 482 of Cr.P.C. and the principles laid down in landmark judgments to determine the merit of quashing the FIR.

P.S.TEJI, J.

1. By this petition filed under Section 482 of Cr. P.C. the petitioner is seeking quashing of FIR No. 927/2007, registered under Section 498-A/406/34 of IPC at Police Station Saraswati Vihar, Delhi.

2. In nutshell, the case of the petitioner is that the marriage of the petitioner was solemnized with respondent No. 2 on 09.02.2007 as per Hindu Rites and Ceremonies at Delhi and from 11.02.2007, respondent No. 2 started living separately. They did not cohabitate with each other since the date of their separation and there is no issue out of his wedlock. On lodging a complaint by respondent No. 2 which was registered as FIR No. 927/2007, the trial began. Even efforts were made by elders and relatives of both the sides to sort out and reconcile the disputes between them but TO no avail.

3. At the time of filing an application for seeking anticipatory bail, both the parties agreed to settle their dispute amicably. Accordingly a settlement according to which the petitioner agreed to pay a sum of Rs.4.5 lacs to respondent No. 2 for past, present and future maintenance, permanent alimony, dowry, istridhan articles, etc. A statement to this effect was also recorded before the learned Additional Sessions Judge. The settlement was later on modified on 11.12.2007 and the one time alimony was reduced from 4.5 to 4.25 lacs. Both the parties decided to dissolve their marriage through mutual consent and get the FIR quashed.

4. It is further contention of the petitioner that he had paid a sum of Rs.2 lacs at the time of grant of anticipatory bail; and further sum of Rs. 1 lac on 09.09.2008 at the time of recording of statement in the first motion and another sum of Rs.1 lac at the time of recording statement in second motion on 25.09.2008. The balance of Rs.25,000/-was to be paid at the time of making statement before this Court for quashing the FIR.

5. It is further contention of the petitioner that the decree of divorce between the petitioner and respondent No. 2 has been passed and now both the parties are leading their independent life. That both the parties have re-married and are settled happily in their present family life. But the proceedings under Section 498-A/406/34 of IPC are still pending before learned Metropolitan Magistrate, Rohini Courts, Delhi. It is the further contention of the petitioner that respondent No. 2 is not attending the Court proceedings since the date of passing of decree of divorce. It is only during the proceedings before the learned Metropolitan Magistrate the petitioner was advised to prefer the present petition for quashing of the FIR before this Court.

6. In the aforesaid facts and circumstances, the petitioner contended that the marriage between the parties has been irretrievably broken and the marriage has already been dissolved by decree of divorce with mutual consent, even the claims have been fully settled between the parties, there is no purpose of continuing the criminal proceedings emanating from the FIR in question. It is further submitted that the petitioner Nos.2 to 6 are the parents, brother and sister in law of respondent Nos. 2 and are not concerned with the difference between the petitioner No.1 and respondent No. 2. At last, the petitioner has prayed for quashing of the FIR in question as no fruitful purpose would be served in continuing the proceedings emanating from the FIR in question.

7. In support of the aforesaid submissions, the learned counsel for the petitioner has referred to the judgment of this court in Crl. M.C. No.3230-32/2006 titled as Purshotam Gupta & Ors. Vs. State & Anr, decided on 23.01.2008. Learned counsel for the petitioner further contended that the said judgment also referred the judgment of the Apex Court in Ruchi Agarwal vs. Amit Kumar Agrawal & Others, (2005) 3 SCC 2009 and Mohd. Shamim vs. Nahid Begum (Smt.), (2005) 3 SCC 302, in which on the similar facts, where the complaint under Section 498A/406/34 was filed by the complainant, later divorce b