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

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing of FIR no. 475/2018, under Sections 498A/506/50934 IPC registered at P.S. Saket, Delhi.

2. Learned Counsel for the petitioner submits that Respondent No. 2 married the petitioner no.3 on 26.08.2017 in accordance with the Hindu Rites and Ceremonies. However, it has been submitted that, 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 Hon'ble Court of Ms. Saloni Singh MM, Saket Courts, 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 17.05.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.13,00,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. It has been submitted that first motion order has been passed and as per the terms and conditions of the settlement dated 17.05.2023, second motion shall be filed after quashing of the present case FIR No. 475/2018, under Sections 498A/506/50934 IPC registered at P.S. Saket, Delhi.

5. The Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably; it would be in the interest of justice to quash FIR No. 475/2018, under Sections 498A/506/50934 IPC registered at P.S. Saket, Delhi and consequential proceedings emanating therefrom.

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 a DD bearing no.735816 dated 04.07.2023 drawn on Citi Bank to the respondent No.2.was given to her in court today. She submits that other petitions have already been withdrawn or dismissed. And since the first motion order has been passed and as per the terms and conditions of the settlement dated 17.05.2023, second motion shall be filed after quashing of the present case; she has no objection if FIR No. 475/2018, under Sections 498A/506/50934 IPC registered at P.S. Saket, Delhi 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. Whereas the marriage between the parties was solemnized on dated 26 August 2017 as per Hindu Rites and customs at Arya Samaj Mandir Khirki Village New Delhi respective certificate and relevant documents are annexed already with respective concern case/court.

2. That after the solemnized of the Marriage both parties stay for a very short period so no issue born after this wedlock.

3. That the First Party and second party ever since the marriage could not pull on together peacefully and smoothly due to temperamental difference they decide that parties will not trying to contact from each other by any means like telephonic, SMS, E-Mail, any media, through any type meetings or al any means/ways. Both the parties will be leave separately and both the parties will not interfere the internal or external life part of each other.

4. That in past, whatever both the parties lived with each other or in past whatever both of them maintained their relation but now from today both the parties, stopped all the relations or transactions between each other. Now from today, both of the parties will be leaving as an unknown persons and no party will be follow each other in any way.

5. That now from today, both the parties will be leaving as an unknown persons and they break all their relations and transactions.

6. That it is per