The central legal point established in the judgment is the significance of amicable settlements in matrimonial disputes and the court's inherent powers under Section 482 of the Code to quash non-compoundable offences in such cases.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR no. 0365/2017 under Sections 498A/406/34 IPC registered at PS Palam Village.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 24.11.2016 in accordance with the Hindu Rites and Ceremonies and had been residing together till 27.04.2017. 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.

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 memorandum of understanding dated 22.09.2020. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.10,00,000/- (Ten Lakhs Only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated 05.04.2021 in Family Courts, Dwarka, New 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. 0365/2017 registered under Section 498A/406/34 IPC at PS Palam Village and all the 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 the petitioner has already paid her the full sum of Rs.10,00,000/- (Ten Lakhs Only). She submits that other petitions have already been withdrawn or dismissed.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 05.04.2021, she has no objection if FIR no. 0365/2017 registered under Section 498A/406/34 IPC at PS Palam Village 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:

"a. The party of the second party shall pay Rs.3,00,000/- (Rupees Three Lakh Only) by way of demand draft in the name of party of the first party at the time of recording of statement in the petition U/s 13-B(1) of HMA.

b. The party of the second party part shall pay Rs.3,00,00/-, (Rupees Three Lakh Oniy) by way of demand draft in the name of party of the first part at the time of recording of statement in the petition U/s 13-B(2) of HMA, which shall be filed within ten days of receiving certified copies of first motion judgment along with an application to waive off the cooling period of six months.

c. The party of the second party shall pay the amount of Rs.3,00,000/- (Rupees Three Lakh Only) to the part of the first part, at the time of recording of statements of parties before the Hon'ble Delhi High Court at the time of quashing of FIR No. 365/20I7, U/s 498A/406 IPC and it is also agreed that the petition for quashing shall be filed by party of the second part and his family members within 10 days of decree of divorce by mutual consents, before the Hon'ble High Court of Delhi.

d. The party of the second part shall pay the amount of Rs.1,00,000/- (Rupees One Lakh Only) to the part o the first part at the time of withdrawal of complaint case bearing No. 3O967 of 2018 pending before the court of Sh. Pranat Joshi, MM, Dwarka which shall be withdrawn within 10 days of quashing of above stated FIR.

e. That the party of the first part shall withdraw her above mentioned DV and maintenance complaint before the concerned court within 3 days of disposal of quashing petition.

f. It has been ag