The court can exercise inherent powers to quash non-compoundable offences in matrimonial disputes upon amicable settlement, ensuring justice and preventing abuse of the court process.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR no. 335/2019 registered under Section 406/498A/34 at PS Vijay Vihar, Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 29.11.2012 in accordance with the Hindu Rites and Ceremonies. A female child, namely, Mayra Sharma, was born out of the wedlock on 09.07.2016. 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 settlement agreement dated 20.07.2020 before the Delhi High Court Mediation and Conciliation Centre. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.15,00,000/- (Fifteen 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 22.10.2021 passed by Learned Ms. Seema Maini, Principle Judge, Family Court, Rohini Courts, Delhi.

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

1. That a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) was paid by the First Party to the Second Party by way of Demand Draft bearing No. 219189 dated 30.09.2020 drawn on Syndicate Bank, Delhi on the filing/recording of statement of the first motion petition under Section 13B(1) of HMA before the concerned Family Court, Rohini, Delhi.

2. That a further sum of Rs.5,00,000/- (Rupees Five Lakhs Only) was paid by the First Party to the Second Party by way of FDR bearing No. 286567 dated 23.08.2021 drawn on Canara Bank, Delhi on the recording of the statement of second motion petition under Section 13B(2) of HMA and at the time of granting of decree by the concerned Family Court, Rohini, Delhi.

3. The balance sum of Rs.5,00,000/- (Rupees Five Lakhs Only) shall be paid by the First Party to the Second Party at the time of quashing of the above said FIR No. 335/2019 registered with Police Station Vijay Vihar, Delhi under Section 498A/406/34 IPG.

4. That the parties undertake not to file any complaint/case/petition/suit against each other nor their family members with regard to the present dispute after the quashing of the above said FIR.

5. That the parties undertake not to create any trouble or interference in their personal life after the quashing of the above said FIR.

6. That it is agreed between the parties that the custody of the minor child namely Mayra Sharma shall remain with the Second Party.

7. That the above Settlement Agreement is between the First Party and the Second Party and any terms of this Settlement Agreement is not covering the rights of the minor child Mayra Sharma as held by the Hon'ble Apex Court in Ganesh Vs. Sudhir Kumar Shrivastava in Civil Appeal Nos. 4031-4032/2019.

8. The Parties agree that they shall abide by the terms and conditions set out in the present Settlement Agreement and shall not dispute the same hereinafter in future.

9. The Parties further agree that the statements made by them herein in this Settlement Agreement shall be taken as their respective undertakings to the Hon'ble Court and the defaulting party shall be held liable for contempt of court under the Contempt of Courts Act, 1971.

10. The Parties agree that they have executed the present Settlement Agreement by their free will and volition without any force or pressure from anybody.

11. The parties also agree that they have understood the contents of the present Settlement Agreement as the same have been exp