High Courts can quash non-compoundable offences in matrimonial disputes if parties reach an amicable settlement, as established in B.S. Joshi v. State of Haryana and other precedents.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A.3345/2023 (exemption)

Exemption allowed subject to all just exceptions.

CRL.M.C. 879/2023

1. This is a petition for quashing of FIR No.0360/2019 under Sections 498A/406/34 IPC registered at Police Station Sarita Vihar.

2. The facts of the case, in brief, are that the marriage between the parties took place on 29.04.2018. No child was born out of this wedlock. Thereafter, due to temperamental incompatibility disputes arose between the parties which resulted in the registration of the FIR. Learned counsel for the petitioners submits that with the intervention of well wishers and relatives, the matter has been amicably settled. The parties have also entered into a Settlement Agreement dated 01.12.2022. Learned counsel for the petitioner further submits that pursuant to the settlement agreement, a petition for divorce vide mutual consent was filed and the first motion has already been passed vide order dated 01.12.2022. He submits that the petition for the second motion is fixed today itself. It is the case of the petitioners, that since no grievance of whatsoever nature is left between the parties, it will be in the interest of justice that the present FIR along with all the proceedings emanating therefrom are quashed.

3. Respondent No.2 is present in person and has duly been identified the respondent No.2. She states that she has entered into the settlement amicably without any fear, force and coercion with the petitioners.

4. I have gone through the Settlement Agreement dated 01.12.2022. The Settlement Agreement reveals that the parties have reached at the settlement as they could not live together on account of some temperamental differences.

5. The terms and conditions of the Settlement Agreement reads as under:

"AND WHEREAS It is agreed between the parties that they shall dissolve their marriage by obtaining a decree of divorce by way of mutual consent/court decree in theconcerned court in Delhi.

AND WHEREAS It has been agreed between the parties that the petitioner No-1/wife towards full and final settlement of all her claims including Istridhan, maintenance (present, past and future) and permanent alimony, marriage articles/jewelry etc.

AND WHEREAS That the petitioner No-1/wife has received the full and final settlement of all her claims including Istridhan, maintenance (present, past and future) and permanent alimony, marriage articles/jewelry etc.

AND WHEREAS That the FIR will be quashing before the second motion. That the Petitioner No-1/complainant shall cooperate to give statement/NOC and to do all these acts which may be required to be done before concerned Hon' ble High Court for quashing of present FIR.

AND WHEREAS It is agreed that the parties shall withdraw their respective cases/complaints etc. from the courts/authorities concerned on their respective dates of hearing.

AND WHEREAS It is further agreed between the parties that after this settlement both the parties shall left with no right, title, or interest in the movable or immovable properties of each other or their family members and both the parties shall not file any cases, complaint or litigation against each other in future pertaining to the present marriage and shall cooperate with each other in execution of present settlement.

AND WHEREAS It is agreed that in case of default from either side in carrying out the terms of the settlement he/she shall be liable to pay Rs.50,000/- by way of penalty/compensation to the other Sides.

AND WHEREAS It is further agreed between the petitioner that after the settlement both of them have left with no right, title or interest in the movable and immovable properties of each other or their family members and both the parties shall not file any case, complaint or litigation against each other in future pertaining to the present marriage and shall cooperate with each other in execute of the settlement deed.

AND WHEREAS It is agreed between the petitioners that they will not interfe