Exercise of 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 in matrimonial disputes.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 21791/2022

Exemption allowed subject to just exceptions.

Application stands disposed of.

CRL.M.C. 5480/2022

1. The Present petition has been under section 482 Cr.P.C seeking quashing of FIR No. 130/2019 dated 23.02.2019 registered under Section 498A/406/34 IPC at PS Ranhola and all the proceedings arising therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 09.07.2011, in accordance with the Hindu Rites and Ceremonies in Delhi. No child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 18.03.2018 and instituted litigation against each other. He submits that the charge-sheet has been filed and is pending before the learned MM Saumy Chauhan, Mahila Courts, Tis Hazari Courts.

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 09.03.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.1,00,000/- (Rupees one lakh Only) as a full and final settlement, which has already been paid to respondent no.2.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 26.02.2022 passed by Principal Judge, Family Court, Tiz Hazari Court, Delhi

5. 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.130/2019 dated 23.02.2019 registered under Section 498A/406/34 IPC at PS Ranhola and all the proceedings arising therefrom.

6. I have gone through the settlement agreement which has been placed on record. The parties have settled the matter on 09.03.2021 on the following terms and conditions:

"1. That the marriage of First Party and the Second Party was solemnized on 09.07.2011 according to Hindu Rites and Customs at Delhi Cantt, New Delhi.

2. That both the parties decided to waive all rights, claims etc. against each other arising out of the present marriage. Further not to claim anything as past, present and future alimony/maintenance/Istridhan against each other and both the parties further agreed to take divorce with their mutual consent.

3. That both the party has agreed to dissolve their marriage with monetary settlement of Rs.1,00,000/- (Rupees One Lac Only) and it is agreed between the ! parties that the Second party shall pay an amount of Rs.50,000/- (Rupees Fifty Thousand Only) to the First 3. Party at the time of statement of parties in second motion and further agreed that the Second Party shall pay the rest of an amount of Rs.50,000/- (Rupees Fifty Thousand Only) at the time of recording of statement of First party in the Quashing of an FIR at Hon'ble High Court of Delhi at Delhi.

4. That it has been further agreed between the parties that both the parties shall fully cooperate with each other at the time of filing of the first motion, second motion of divorce petition by mutual consent and High Court petition for quashing of an FIR, any other Court proceedings necessary till the disposal of the cases and divorce.

5. That it is further mutually agreed between both the parties that neither of the party shall file any complainant/case or claim against each other or against their family members in respect of the said marriage in any court of law and to withdraw all their cases/complaints, if any, against each other or against their family members or relatives from the concern P.S./Court.

6. That it has been further mutually agreed between the parties not to interfere in their life and both are free to take any decision of their own life.

7. That the parties to this Deed have decided that they are unable to live together and have decid