The court can exercise its inherent powers to quash non-compoundable offences, especially in matrimonial disputes, if the parties have reached an amicable settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing FIR no. 0189/2019 registered under Section 498A/406/34 IPC at P.S. Burari.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 10.02.2018 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, Tis Hazari 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 31.05.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 7,00,000 in full and final settlement of the entire dispute to respondent no. 2/complainant. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 23.11.2022 passed by Learned Court of Hon'ble Principal Judge, Family Courts, Dwarka, New Delhi.

4. 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. 0189/2019 registered under Section 498A/406/34 IPC at P.S. Burari 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 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.

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 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 23.11.2022 she has no objection if FIR no. 0189/2019 registered under Section 498A/406/34 at P.S. Burari and all the proceedings emanating therefrom.

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

"1. That it has been mutually agreed between both the parties that they shall approach the Court of law of competent jurisdiction at Delhi for dissolution of their marriage by way of filing joint petitions U/S 13-B(l) e. 13- B(2) of H.M.A, along with required applications etc. and both the parties shall fully cooperate with them in filing both the petitions by providing necessary information, documents as well by signing on the required documents and by appearing before the Court of law on the dates fixed.

2. That it has been agreed between the parties that the first party shall pay a total sum of Rs. 7,00,000/- (Rs. Seven Lacs only) to the second party as full and final settlement amount towards her one time permanent alimony/maintenance present and future and all the streedhan etc.

3. That the said amount shall be paid by way of bank drafts in three installments. The First installment of Rs.2,50,0