The court emphasized the importance of amicable settlements in matrimonial disputes and exercised its inherent powers to quash the FIR and proceedings.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing FIR no. 294/2015 registered under Section 498A/406/34 IPC at PS: Mundka, West Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 09.12.2012 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 10.10.2014 and instituted multiple litigations against each other and their respective families including the present FIR.

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 31.05.2021 before the Delhi High Court Mediation and Conciliation Centre.

4. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.6,00,000 (Rupees Six Lakhs) in full and final settlement of the entire dispute to respondent no. 2/complainant. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 18.04.2022 passed by Learned Principal Judge, Family Courts, Tis Hazari, 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. 294/2015 registered under Section 498A/406/34 IPC at PS: Mundka, West Delhi and all the proceedings emanating therefrom.

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. 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 dated 18.04.2022, she has no objection if FIR no. 294/2015 registered under Section 498A/406/34 IPC at PS: Mundka, West Delhi and all the proceedings emanating therefrom.

8. I have gone through the settlement which has been placed on record. The settlement agreement dated: 31.05.2021 provides for the following terms and conditions:

"1. That the Second party/Husband will pay the amount of Rs.6,00,000/- (Rupees Six Lakhs) as full and final settlement and First party/wife undertakes that she will neither file any case nor claim stridhan, maintenance, present, permanent compensation etc. from husband and his relatives past and alimony, future future the Second party/husband and his relatives.

2. That out of the total settlement of 6,00,000/- (Rupees Six Lakhs) the First Party/Wife will get Rs.2,00,000/- (Rupees Two Lakhs only) in the form of Cash/DD/Cheque at the time of recording the statement of first motion B-1.

3. That within a week after First Motion B-1 First Party/Wife will withdraw all the cases which is pending in any courts.

4. That the First Party/Wife will get Rs.2,00,000/- (Rupees Two Lakhs only) in the form of Cash/DD/Cheque at the time of recording the statement of first motion B-II.

5. That the Second party/husband will pay t