The court can exercise inherent powers under section 482 of the Code to quash non-compoundable offences, particularly in cases of matrimonial differences where parties have reached an amicable settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 21212/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 5630/2023

1. The present petition has been filed for quashing FIR No.0421 dated 01.10.2020 registered under Section 498A/406/506/34 IPC at PS Patel Nagarand all the proceedings arising therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 16.06.2014 in accordance with the Muslim Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately since May 2018.

3. Learned Counsel further submits that during the pendency of the proceedings, with theintervention of the family members of both the petitionerNo. 1 and the Respondent no.2, the parties have resolved their disputes amicably and agreed to livetogether and on 03.06.2021 the Respondent no.2 joined the conjugal company of the Petitioner no.1 and since then she is living with the Petitioner no.1. In furtherance thereof parties have entered into a settlement agreement/MOU dated 10.07.2023.

4. 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.0421 dated01.10.2020 registered under Section 498A/406/506/34 IPC at PS Patel Nagar and all the proceedings emanating therefrom.

5. I have gone through the settlement dated 10.07.2023 which has been placed on record. The settlement agreement provides for the following terms and conditions:

(a) The complainant/wife has already joined the company of the second party/husband on 03.06.2021 and thereafter they are residing together at Ghaziabad,U.P.

(b) It is agreed between the parties that all the present case and the connected cases shall be withdrawn either or appropriate petition for quashing shall be filed with the cooperation of each other.

(c) It is agreed between the parties that any other litigation, if any, (even not mentioned in the above mentioned connected cases) pending before the Courts/Authority shall be withdrawn/quashed.

(d) It is also agreed that both the parties shall live together peacefully, harmoniously and amicably and they will give due love and respect to each other and their family members.

6. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

7. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. Since the marriage between the parties has also been resolved and now they are staying together, she has no objection if FIR No.0421 dated 01.10.2020 registered under Section 498A/406/506/34 IPC at PS Patel Nagar and all the proceedings emanating therefrom are quashed.

8. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

9. In view of the above, FIR No.0421 dated01.10.2020 register