The court can exercise its powers under Section 482 Cr.P.C. to quash non-compoundable offences, especially in matrimonial disputes, when the parties have reached an amicable settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 26222/2022 (exemption)

Exemption is allowed subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 6758/2022

1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 423/2019 registered at PS Uttam Nagar under Section 498A/406 IPC.

2. The factual matrix giving rise to the instant case is that the marriage between Petitioner no. 1 and Respondent no. 2/complainant was solemnised on 28.04.2017 as per Hindu Rites and ceremonies. No child was born out of this wedlock.

3. The parties started living separately since October 2018 due to some misunderstanding. Various litigations ensued between them including a petition on behalf of petitioner no. 1 bearing Petition no. 1554/2018 under Section 13(1) (ia) of HMA. Respondent No. 2/complainant also got the present FIR registered, pursuant to which a chargesheet was filed.

4. Learned Counsel for the petitioners submits that during the pendency of the proceedings, the parties have resolved their disputes amicably. Petitioner no. 1 and Respondent No. 2/complainant have entered into a mediation settlement dated 16.12.2021 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. As per the settlement, it has been agreed between the parties that petitioner no. 1 shall pay a total sum of Rs.3,60,000/- to Respondent No.2 by way of full and final settlement of the matrimonial dispute.

5. Learned Counsel for the petitioners submits that pursuant to the mediation agreement, both the parties have filed a joint petition under Section 13 B (2) of Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent before learned Principal Judge, Family Court, Central District, Tis Hazari wherein they have affirmed that they have amicably resolved, all their disputes with respect to stridhan, dowry articles, permanent alimony and maintenance - past, present &future etc. as per terms and conditions mentioned in the petition which is exhibited as Ex.PX. Learned Family Court has recorded the joint statement of both the parties. The terms and conditions of the settlement agreed upon by the parties read as follows:

"4. As per settlement an amount of Rs.3,60,000/- (Rupees Three Lakh and Sixty Thousand only) will be paid by petitioner no.1 to petitioner no.2 as full and final settlement amount towards all her claims. Out of which Rs.1,10,000/- (Rupees One Lakh and Ten Thousand only) has already been by petitioner no.1 to petitioner no.2 at the time of recording of joint statement in first motion mutual consent petition for divorce. As per settlement, Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) is paid today by petitioner no.1 to petitioner no.2 at the time of recording of joint statement in second motion mutual consent petition for divorce by way of DD No.509563 dated 31. 05 2022 drawn on ICICI Bank. Copy of the said DD is exhibited as Ex. P-8. Remaining amount of Rs.1,00,000/- (Rupees One Lakh only) will be paid by petitioner no. I to petitioner no.2 at the time of quashing of FIR No.0423/2019 PS Uttam Nagar, under Section 498/A/406/34 IPC before Hon'ble High Court of Delhi by way of DD. Both the petitioners undertake to cooperate with each other in quashing the aforesaid FIR before Hon'ble High Court of Delhi.

5. Both of us undertake not to file any case/complaint against each other/respective family members at any point of time in future with regard to this marriage,

6. We both undertake to abide by the terms and conditions as mentioned in the present petition Ex. PX contents of which have been explained to us by Court and our Counsels. With this, no claims/disputes of any kind whatsoever are left between both of us against each other,

7. The above settlement has not been obtained by any threat, force, fraud or pressure, undue influence, coercion etc. We pray that our petition may be allowed."

6. Learned counsel submits that petitioner No. 1 and Respondent No.2/complainant have been granted