The importance of amicable settlements in matrimonial disputes and the court's power to quash proceedings under Section 482 of the Criminal Procedure Code.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 18623/2023

Exemption allowed subject to just exceptions.

CRL.M.C. 4874/2023

1. The present petition filed seeking quashing of case FIR No. 396/2022 under Sections 498A/406/34 IPC registered at PS Jagat Puri, Shahdara.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 29.05.2019 in accordance with the Hindu Rites and Ceremonies. There was no issue born out of the marriage. However, on account of irreconcilable and irretrievable issues, 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 settlement deed dated 24.09.2022 for obtaining mutual consent divorce and subsequently getting the FIR quashed. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.5,00,000/- (Rupees Five Lakhs Only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. Pursuant to the settlement a Demand Draft of Rs.2,00,000/- (Rs.Two Lakhs only) bearing no. 002642 in the name of Priyanka Chauhan dated 18.07.2023 drawn from HDFC Bank is handed over to the Respondent No. 2. A mutual divorce petition was also filed and a decree of divorce was granted vide order dated 21.02.2023 passed by, Principal Judge, Family Court, Karkardooma Courts, District: East, Delhi.

5. 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. 396/2022 under Sections 498A/406/34 IPC registered at P.S. Jagat Puri, Shahdara and all the proceedings emanating therefrom.

6. I have gone through the settlement which has been placed on record. Both the parties have settled the matter on the following terms and conditions:

"1. It is agreed by both the parties that there is no possibility of reunion due to Irreconcilable differences and as such they have decided to separate their ways and go for dissolution of their marriage by mutual consent in accordance with law as provided under Section 13-B of Hindu Marriage Act.

2. It is agreed between the parties that they shall file the first motion petition under Section 13-B(1) of Hindu Marriage Act for dissolution of marriage by way of mutual consent within one month from today.

3. It is further agreed between the parties that second motion petition under Section 13B(2) of the Hindu Marriage Act shall be filed after expiry of statutory period of six months from the date of disposal of the petition under Section 13B(1) Of the Hindu Marriage Act. However, the parties are at liberty to move appropriate application for waiver of mandatory period of six months within one month of passing of order by court concerned in First Motion Petition under Section 13B(1) of the Hindu Marriage Act.

4. It is further agreed between the parties that the husband shall pay an amount of Rs.5,00,000/- (Rs.Five Lakhs only) to the wife towards full and final settlement for her maintenance (past, present and future) permanent alimony, istridhan, dowry articles etc.

5. It is agreed between the parties that they shall exchange the jewelery articles, shoes & clothes, as per the duly signed list annexed herewith as Annexure-A, with each other before the court concerned at the time of recording statement of the parties In first motion petition for divorce by mutual consent.

6. It is agreed between the parties that the husband shall pay the settlement amount to the wife in instalments in the following manner:

i) Rs.1,50,000/- (Rs.One Lakh Fifty Thousand only) by way of demand draft at the time of recording of joint statement in the first motion proceedings under Section 13-B(1) of the Hindu Marriage A