Courts can quash non-compoundable offences arising from matrimonial disputes if parties have reached an amicable settlement, exercising inherent powers under section 482 of the Code.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.As. 18900-02/2023 (exemptions)

Exemptions are allowed subject to all just exceptions.

CRL.M.C. 4963/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 333/2018 registered at PS North Rohini, New Delhi under Sections 498A/406/34 IPC.

2. It has been submitted that the petitioner No.1 and respondent No.2 got married on 25.06.2011 as per Hindu Rites and Ceremonies at Delhi and out of said wedlock a girl child namely Driti @ Guddu was born on 17.05.2012. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 27.02.2018 and instituted multiple litigation 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 31.07.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.8,00,000 (Rupees Eight Lakh) as full and final settlement of the entire dispute to respondent no. 2/complainant.

4. I have gone through the settlement which has been placed on record. Parties are reached on a settlement vide settlement deed dated 31.07.2022 on following terms and conditions:

1. That both the parties have agreed to dissolve their marriage by a decree of divorce by mutual consent in accordance with the provisions of section 13 B(1) and 13 B(2) of the Hindu Marriage Act, 1955. The parties have also agreed to file the joint petition for obtaining the decree of divorce by mutual consent before the appropriate Family Court/Court having its territorial jurisdiction to grant Divorce. Both the parties have agreed to file the first motion for divorce by mutual consent under section 13B (1) of the Hindu Marriage Act, 1955, within fortnight.

2. It is agreed between the parties that First party shall pay total sum of Rs.8.00 lacs (Rs.Eight lacs) to the complainant second party towards full and final settlement of all her claims/rights/entitlements including maintenance (past, present and future), permanent alimony and etc.

3. It is further agreed between the parties that out of the total settled amount, Rs.1,00,000/- (One Lac Only) shall be paid in cash along-with the list of items as mentioned in ANNEXURE-1, the time of execution of present settlement agreement and further amount i.e. Rs.3.00 lacs (Rs.Three lacs) shall be paid by the First party to the second party at the time of first motion. Further remaining amount i.e. Rs.4,00,000/- (Four Lac Only) shall be paid at the time of execution of second motion.

4. That the second party has agreed that on the execution of present agreement, shall withdraw all her complaints including her domestic violence complaint u/s 12 alongwith relevant sections of Protection of Women from Domestic Violence Act,2005 pending before Ld. M.M. Rohini Court, North west filed against the First Party (Husband), Sh. Yashpal Seth (Father-in-law), Smt. Urmila Seth (Mother-in-law) and Ritika Grover (Daughter-in-law), named and tilted as Ms. Neha Seth Vs. Ravi Seth & Ors. Similarly on the execution of present settlement agreement the First party shall withdraw his divorce petition filed under relevant Sections of Hindu Marriage Act, 1955 against second party which is pending in the court of Ld. Principal Judge, West District, Tis Hazari Court, New Delhi named and titled as Ravi Seth Vs. Neha Seth.

5. It is further agreed between the parties that the child from the marriage shall be in the custody of the First Party/husband and second party shall not claim the custody of child in present as well as in future.

6. It is further agreed between the parties that second party will collect all per personal belongings as well as furniture, fixture, Jewelry etc. (as per the list attached) which she had brought at the time of marriage