The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, especially in cases of matrimonial disputes where the parties have reached an amicable settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing FIR no. 0163/2017 registered under Section 324/34 IPC at P.S. Baba Haridas Nagar.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 12.02.2007 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 21.06.2017. There were 2 issues born out of the marriage namely `yashika' on 27.07.2009 and `Master Hiten' on 04.12.201. Thereafter due to temperamental differences and mental incompatibility, instituted multiple litigations against each other and their respective families including the present FIR.

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 22.12.21 before the Counseling Cell, Family Court, Tis Hazari, Delhi.

4. As per the settlement it has been agreed between the parties that the petitioner shall pay RS. 5,50,000 (Five Lakh & Fifty thousand) in full and final settlement of the entire dispute to respondent no. 2/complainant.

5. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 26.03.2022 passed by Learned Principal Judge, Family Court, Tis Hazari.

6. 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.0163/2017 registered under Section 324/34 IPC at P.S. Baba Haridas Nagar and all the proceedings emanating therefrom.

7. 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.

8. 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 26.03.2022, she has no objection if FIR no.0163/2017 registered under Section 324/34 IPC at P.S. Baba Haridas Nagar and all the proceedings. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:

"1. That the petitioner and respondent have agreed to dissolve their marriage by mutual consent in accordance with law provides U/s 13 (B) of the Hindu Marriage Act.

2. It is agreed between the parties that husband shall pay to the wife a sum of Rs. Five Lacs & Fifty Thousand Only as full and final settlement (against stridhan and dowry, maintenance towards past present and future qua this marriage in three instalments by way of DD/Pay Order), (Rs.5,50,000/- only).

3. It is further agreed between the parties that the husband will pay Rs.One Lacs and Fifty Thousand Only to the wife at the time of recording of the statement of first motion by the way of DD/Pay Order, (Rs.1,50,000/-).

4. It is further agreed between the parties that the Respondent shall pay Rs. Two Lacs Only to the P