Exercise of inherent powers under Section 482 of the Code to quash non-compoundable offences after considering amicable settlements in cases arising out of matrimonial differences.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of chargesheet in FIR No.138/18 dated 28.04.2018 registered under Section 498A/406/34 IPC at PS KNK Marg and the Criminal Proceeding arising therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 16.04.2017 in accordance with the Hindu Rites and Ceremonies. 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. He submits that the chargesheet was filed and the Criminal Proceeding arising therefrom being Cr. Case/4709/2018 is pending in the court of MM/Mahila Court-01, Rohini, North Delhi forconsideration of charges.

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 03.12.2020 before the Delhi Mediation Centre, Rohini Court. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.2,75,000/- (TwoLac Seventy Five Thousand 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 12.11.2021 passed by Learned Principal Judge, Family Court,North District.

5. The Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably; it would be in the interest of justice to quash FIR No.138/18 dated 28.04.2018 registered under Section 498A/406/34 IPC at PS KNK Marg and all proceedings arising therefrom.

6. Both parties are appearing through V.C. and have been identified by the IO. Respondent no.2 who is appearing through VC submits that she has entered into the settlement voluntarily with her own free will and she has received the entire settled amount. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment date 12.11.2021, she has no objection if FIR No.138/18 dated 28.04.2018 registered under Section 498A/406/34 IPC at PS KNK Margand all the proceedings emanating therefrom are quashed.

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

1) It is mutually settled between the parties that parties shall get dissolved their marriage by a decree of divorce - by mutual consent Without leveling allegations and counter-allegations against each other in accordance with law before the Court of component Jurisdiction at Delhi.

2) The respondent/husband shall "pay a total sum of Rs.2,75.000/- (Rupees Two Lacs and Seventy Five Thousand Only) in full and final Settlement of all claims of the complainant/wife past, present and future arising out of the present marriage which shall include permanent alimony, maintenance (past, present & future) istridhan and all other miscellaneous expenses.

3) It is further settled that the respondent/husband will return the Istridhan articles as per list enclosed as Annexure "A" to the complainant/wife on 06.12.2020. It is also settled that the father of the complainant will go to the house of the respondent/husband at Bihar to take the delivery of the articles mentioned in the list Annexed as Annexure A. Transportation-charges shall be borne the father of the complainant.

4. The setllement amount of Rs.2,75.000/- (Rupees Two Lakh and Seventy Five Thousand Only) shall be paid by the respondent/husband to the complainant/wife by way of DD/RTGS m the following manner:

i) A sum of Rs.1,00.000/- (Rupees One lacs only)