The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The Present petition has been filed seeking quashing of FIR No.54 dated 06.03.2019 registered under Section 498A/406 IPC at PS Vasant Kunj and all the proceedings arising therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 03.11.2014 in accordance with the Hindu Rites and Ceremoniesout of this wedlock a male child named Master Advait Sharma was born on 24.05.2017 and the said child is inthe care and custody of the respondent no.2.However, 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, in this case, has already been filed and the matter is pending before the Learned MM/Mahila court, District South West, Patiala House Courts, New Delhi.

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 06.06.2022 Counseling Cell, Family Court District, NorthRohini Courts Delhi in HMA No. 257/2019. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.35,00,000/- (Rupees Thirty Five Lakhs) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 23.11.2022 passed by Learned Principal Judge Family Court, District. North, Rohini Courts, Delhi

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. 054 dated 06.03.2019 registered under Section 498A/406 IPC at PS Vasant Kunjand all the proceedings emanating therefrom.

6. 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 agreed between the parties that both the parties shall dissolve their marriage by filing a petition under section 13B (1) and 13B (2) of the Hindu Marriage Act 1955 on the ground of mutual consent before the Hon'ble Family Courts, District North, Rohini Court, New Delhi.

2. It is further agreed between the parties that the first motion petition shall be filed in the first week of July, 2022.

3. It is further agreed between the parties that after7 expiry of mandatory prescribed period of six (6) month or any other earlier if any so permitted under the law/judicial pronouncement they will file second motion as contemplated under the Hindu Marriage Act 1955 or in any other7 law and both the parties shall cooperate m entire process of mutual consent divorce proceedings and shall duly appear without fail before the Hon'ble Court for recording of their respective statement as required in law for the first and second motion.

4. It is agreed between the parties that the petitioner (husband) shall pay lump sum consideration of Rs.35,00,000/- (Rupees Thirty Five Lacs only) to the petitioner (wife) as full and final settlement towards past, present and future maintenance and permanent alimony, stridhanchild maintenance upto18 years under the following manner in 3 installment.

5. It is agreed between the parties that the petitioner/husband wlffalso return the jewelleryto the respondent/wife as per list which is annexed as Annexure A with the present settlement and the said jewellery will be returned at the time of first motion of mutual consent divorce before the Hon'ble Court and the respondent/wife acknowledge the receipt of the said will jewellery.

6. That petitioner (husband) will pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) in the form of DD to the respondent (wife) at the time of recording of sta