The court emphasized the importance of amicable settlements in matrimonial disputes and the exercise of inherent powers under section 482 of the Code to secure the ends of justice.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 19170/2023

Exemption allowed subject to just exceptions.

W.P.(CRL) 2067/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No, 743/2022, dated 27/12/2022 registered under section 498A/406/506/34 IPC at Vivek Vihar, Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 04.12.2015, in accordance with the Hindu Rites and Ceremonies in Delhi. No child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 27.01.2022 and instituted litigation against each other.

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 08.04.2023. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.50,000/- (Fifty Thousand Only) as a full and final settlement, and today the sum of Rs.50,000/- in cash is handed over to the respondent No.2.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 22.05.2023 passed by Principal Judge. Ajay Pandey, Family Court, Karkardooma Courts.

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, 743/2022, dated 27/12/2022 registered under section 498A/406/506/34 IPC at Vivek Vihar, Delhi and all the proceedings emanating therefrom.

6. I have gone through the settlement which has been placed on record dated 08.04.2023. The settlement agreement provides for the following terms and conditions:

"1. That the parties have been living separately from each other since from 27.01.2022 with mutual consent and have decided to live separately from each other.

2. That both the parties have amicably settled/compromise their all disputed claims towards Stridhan, jewellery, maintenance (past, present and future) and permanent alimony. It has been agreed that Second Party shall return all the items of First Party i.e. Bed, Almirah, Dressing Table, Fridge, LCD, Microwave, Filter, Washing Machine, Geyser, Watches, clothes, Blanket, Utensils and all Kitchen Items after signing of M.O.U and before filing of first motion.

3. Second party shall return LIC bond papers and education certificates file of first party at the time of first motion.

4. Second Party shall return the items of gold i.e., one Mangal sutra, one pendent, one chain, one earing pair, two rings, one Varun's ring, one nose ring and all the silver item at the time of second motion.

5. First party shall not claim any amount from the second party in future of any type and kinds regarding her Stridhan, Maintenance (present, past, future) and permanent alimony after taking the mutual divorce

4. That both parties are agree to withdraw all the cases/complaints pending in the court of law in following manner-a) First Party shall withdraw both the cases filed under section 12 D.V. Act in Ct. no.-1191/2022 in the court of Ms. Isra Zaidi, M.M. (Mahila Court), Shahdara District, fixed for 03.07.2023. Another case is filed under section 125 CrPC case no. MT 684/2022 in the court of Sh. Ajay Pandey, Additional Principal Judge, Family Court, Shahdara District, Karkardooma Court, Delhi fixed for 28.04.2023 after recording the statement of first motion under section 13(B)(1) HMA and before recording the statement of second motion under section 13(B)(2) HMA.

b) Second party shall withdraw the case filed under section 138 Negotiable Instrument Act 1881, Cc no. 402/2022, case title-Varun Khanna vs. Anita in the court of Sh. Vaibhav Pratap Singh, Metropolitan Magistrate,Tis Hazari, Delhi fixed for 25.0