The central legal point established in the judgment is the court's authority to quash non-compoundable offences based on amicable settlements in matrimonial disputes, as provided under section 482 of the Code and supported by relevant case law.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 19244/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

W.P.(CRL) 2075/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No 281/2020, dated 05/11/2020 registered under section 498A/406/34 IPC at PS Jagat Puri, Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 25.07.2015, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Soma. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 20.06.2019 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 20.08.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.3,00,000/- (Three-Lakhs Only) as a full and final settlement, Out of which Rs.2,00,000/- (Two Lakhs only) has been paid and today a demand draft No.588827 dated 02.05.2023 in the sum Rs.One Lakh drawn on the State Bank of India, Krishna Nagar in the name of Priya Verma has been handed over to the respondent no.2 in court today.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 22.05.2022 passed by Learned MM. Ajay Pandey, Family Court, Dwarka Court.

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 FIR No 281/2020, dated 05/11/2020 registered under section 498A/406/34 IPC at PS Jagat Puri, Delhi and all the proceedings emanating therefrom.

6. Parties have now settled the matter vide compromise-cum-settlement deed dated 20.08.2021 on the following terms and conditions:

1. That both parties had agreed to dissolve their marriage by Decree of Divorce by Mutual Consent.

2. That the second party has settled all their claims, grievances with the first party for a sum of Rs.3,00,000/- (Three Lac only) as full and final and the first party undertake to pay Rs.1,00,000/- at the time of first motion and Rs.100,000/- time of second motion balance amount Rs.1,00,000/- at the time of quashing of FIR Bearing no.0281/2020, P.S Jagatpuri, u/s 498A/406/34 IPC as full and final settled amount.

3. That the second party undertakes that she shall not claim any maintenance in future from the first party.

4. That after the dissolution of marriage that second party shall not claim any amount as maintenance/alimony, past, present or future, any istridhan for herself from the first party.

5. That it is further agreed between the parties that the custody of minor daughter somya verma will remain with the second party till the decree of divorce and all expenses/education and upbringing expenses shall be borne by the first party and after the divorce the custody of minor daughter will be remain with first party and the first party undertake to bear all upbringing/education expenses in future.

6. That the first party and second party shall have the visiting right of the children thrice in a week and the time of meeting will be decided by the parties mutually as per the convenience of the children and it shall be communicated to the other party and in summer vacations or in winter vacation in weekends, the party shall have the right to share the holidays with the children in equal proportion

7. That second party undertake to cooperate with first party at time of quashing of FIR No 0281/2020, P.S Jagatpuri, u/s 498A/406/34 IPC and will give no objection and if any party non-fill or denied to cooperate they have right to peruse as per law.

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