The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement, as supported by relevant case law.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 17004/2023 (Exemption) in CRL.M.C. 4442/2023

CRL.M.A. 16965/2023 (Exemption) in W.P.(CRL) 1833/2023

Exemptions are allowed subject to all just exceptions.

CRL.M.C. 4442/2023&W.P.(CRL) 1833/2023

1. These are two petitions are seeking quashing of cross FIR No. 336/2020 P.S. Dwarka South u/s 354/354B/323/506/509/34 IPCand FIR NO. 33/2021 P.S. RoopNagar u/s 498A/406/34 IPC.

2. FIR No.336/2020 was lodged on the statement of Mrs. Payal Bagadia wife of Himanshu Singhal against the petitioner No.1 and his familymembers on 16.08.2020.

3. Mrs. Payal Bagadia lodged a complaint before the CAW(Cell), PS Sabji Mandi, New Delhi against the petitioner No.1 and his family members on 12.06.2020 and on the basis of which the second FIR No. 33/2021 dated 21.01.2021 under Section 406/498A/34 IPC was registered.

4. Learned counsel for the petitioners submits that after detailed discussions and Mediation Sessions held by the Ld. Mediator with Petitioners and Respondent No.2 and their respective counsels on 18.04.2023, 20.04.2023, 25.04.2023 and01.05.2023, with the assistance of the Ld. Mediator and their respective counsels, both the parties voluntarily without any force,undue influence, coercion, threat or pressure from any Quarter of society whatsoever have agreed to resolve all their disputes and differences. Accordingly, a Settlement Agreement was executed on01.05.2023 between the parties on the following terms and conditions;

1. That due to ideological and temperamental differences, both, the First Party and the Second Party could not continue the marriage and ultimately have resolved and decided to amicably sever the marital relation between them and lead their lives of their own choice and liking.

2. That both, the First Party and the Second Party have agreed that this Settlement Agreement is entered hereunto on AS IS WHERE IS BASIS i.e. as on the date of signing of this Settlement Agreement, all the articles which are in the possession of the First Party shall remain in the custody and possession of the First Party and she alone shall be the sole and exclusive owner of the same and likewise the articles, if any, which are in possession of the Second Party shall remain in the custody and possession of the Second Party and he alone shall be the sole and exclusive owner of the same. Therefore all the cross claims made by both the parties with respect to Istri-dhan and Gift articles which are said to have been exchanged between the parties either before, at the time of or even after their marriage or as the case may be dowry articles are put to an end and neither of the parties to this Settlement Agreement nor any of their relatives hereinafter will stake a claim for any of the articles of any nature whatsoever.

3. That full and final settlement as agreed and settled by and between both, the First Party and the Second Party in Clause 2 above, the First Party has of her own sweet and free will and volition, without any force, undue pressure or coercion or threat or pressure from any outside quarter whatsoever hereby declares that all her claims with respect to alimony - past, present or future, maintenance-past, present or future, Istridhan, Gift articles/dowry articles, marriage expenses, litigation expenses etc. stands completely settled up to the satisfaction of the First Party and the First Party undertakes that she will not raise any claim of any nature and will not sought any monetary benefit or compensation or financial support on any account whatsoever from the Second Party or his estate under any circumstances whatsoever qua their present marriage.

4. That both the parties have settled all their grievances against each other amicably out of the Court and have agreed and also undertake to dissolve their marriage by mutual consent us 13B of Hindu Marriage Act, 1955.

5. That both, the First Party and the Second Party have mutually agreed to file a joint petition u/s 13(B)(1) of Hindu Marriage Act b