The court can exercise its inherent powers under section 482 of the Code to quash non-compoundable offences in matrimonial disputes based on amicable settlements and mutual divorce decrees.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing FIR no.0875/2019 registered under Section 498A/406/34 IPC at PS Nihal Vihar.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 25.01.2019 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately from 31.05.2019. Respondent no. 2 filed a watermark.jpegcomplaint in the CAW cell against the petitioner on 06.06.2019 and thereafter the said complaint was converted into the above-mentioned FIR. The chargesheet in the present case has been filed.

3. Learned Counsel for the petitioner 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 01.04.2021 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs 2,50,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant. It has also been agreed that the petitioner shall give certain articles to respondent no. 2 as well.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 20.04.2022 passed by Learned Judge, Family Courts (West), Tis Hazari Courts, Delhi. 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.0875/2019 registered under Section 498A/406/34 IPC at PS Nihal Vihar and all the proceedings emanating therefrom.

5. 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 watermark.jpegmatrimonial 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.

6. 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 she has received the amount and since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 20.04.2022, she has no objection if FIR no.0875/2019 registered under Section 498A/406/34 IPC at PS Nihal Vihar and all the proceedings emanating therefrom are quashed.

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

1. That due to long separation and temperamental differences between the parties, there are no prospects of reunion of matrimony. The parties therefore have mutually decided to part ways peacefully. The respondent no. 1 has undertaken to pay a total sum of Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand only) alongwith articles as per annexure A to the complainant by way of full and final settlement of the matrimonial dispute including the dowry articles, clain1 towards past, present and future maintenance, permanent alimony and other receivables.

2. That before filing of the first motion respondents shall be handed over the articles as per annexure A to the complainant at her house under proper receipt except gold articles ie. gale