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 concerned parties.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of FIR no. 094 registered under Section 498A/406/34 IPC at PS Hari Nagar and all the proceedings emanating out of it.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 15.02.2015 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately since April 2017 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 (west), Tis Hazari 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 19.02.2022 before Counselling Cell, Family Court, South West, Dwarka Courts, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.16,00,000/- (Rupees Sixteen Lakhs) in full and final settlement of the entire dispute to respondent no. 2/complainant. Out of the total amount, the Respondent no. 2 has received the remaining amount of Rs.2,00,000/- (Rupees Two Lakhs only) by way of DD in the name of Shivani Mahajan, dated 08.08.2023 drawn from Kotak Mahindra Bank today in court.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 11.07.2022 passed by Learned Principal Judge, Family Court, Tis Hazari Courts, West, 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. 094 registered under Section 498A/406/34 IPC at PS Hari Nagar and 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. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided under section 13 (B) of the Hindu Marriage Act.

2. It is agreed between the parties that husband shall pay to the wife of Rs.16,00,000/- (Rupees Sixteen Lakhs Only) along with ornaments - one set diamond and one set gold) as full and final settlement (against stridhan and dowry, maintenance towards past, present and future qua this marriage) in Four instalments by way of DD/Pay Order.

3. It is agreed between the parties that husband will pay Rs.5,00,000/- (Rupees Five Lakhs Only) and husband will also handover one set of diamond and one set of gold) to the wife at the time of recording of the statement of first motion by way of DD/Pay Order.

4. It is further agreed between the parties that husband will pay Rs.1,00,000/- (Rupees One Lakh Only) to the wife at the time of recording of the statement of second motion by way of DD/Pay Order.

5. It is further agreed between the parties that the Petitioner shall pay Rs.2,00,000/- (Rupees Two Lakhs Only) to the Respondent at the time of quashing of FIR No. 94/2019, U/s 498A/406/34 IPC, P.S. - Hari Nagar in Hon'ble High Court of Delhi within 45 days after Second Motion and Respondent shall cooperate and sign all the necessary affidavit & do needful in quashing of said FIR.

6. It is further agreed between the parties that the first motion petition shall be filed on or before ________ and second motion petition shall be filed soon after the completion of the statutory period of the order U/s 13 B (1) of HMA.

7. There is/are ___W___child/children, namely, ______ from this wedlock, who is/are living with the ______. It is agreed among the parties that the custody will be with ______. The ______ will/will not have visitation right. (NOT APPL