The court's decision was based on the amicable settlement, dissolution of marriage by mutual consent, and the nature of the offence under the Hindu Marriage Act, 1955.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing FIR no.79/2016 registered under Section 498A/406/34 at PS Anand Vihar.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 15.12.2014 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, Karkardooma Courts, New Delhi.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated 10.01.2022 before the Delhi High Court Mediation and Conciliation Centre. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.23,00,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 27.07.2022 passed Learned Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi.

5. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR no.79/2016 registered under Section 498A/406/34 at PS Anand Vihar and all the proceedings emanating therefrom.

6. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

7. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 27.07.2022, she has no objection if FIR no.79/2016 registered under Section 498A/406/34 at PS Anand Vihar and all the proceedings emanating therefrom.

8. The details of other litigations between the parties are as follows:

(i) HMA No.49039/2016 titled 'Shivani Arora v/s Varun Nagpal

(ii) Ct. Case No.666/16 titled Shivani Arora v/s Varun Nagpal

(iii) DV Complaint case filed respondent no.2 bearing Ct. Case No.10252/2016

(iv) FIR No.79/2020 under Sections 498A/406/34 IPC, P.S. Anand Vihar, Delhi lodged at the instance of respondent no.2.

(v) Criminal Case bearing Regn. No.5499/2016 dated 28.11.2016 under Sections 417/420/379/120B IPC.

(vi) Criminal Writ Petition No.931/2017 for quashing of Criminal Case bearing Regn. No.5499/2016 dated 28.11.2016

(vii) Crl. M.C. No.1389/20 titled Varun Nagpal v/s Shivani Arora

(viii) Crl. M.C. No.253/20 titled Shivani Arora v/s Varun Nagpal

(ix) Bail Application No.1133/2017 seeking bail in FIR No.79/2020 under Sections 498A/406/34 IPC, P.S. Anand Vihar

9. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:

1.