The court can exercise its inherent powers to quash FIR and proceedings based on amicable settlement in matrimonial disputes, as established in B.S. Joshi v. State of Haryana and K. Srinivas Rao v. D.A. Deepa.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No310/2021, dated 13/08/2021registered under section 498A/406/34 IPC at PS: Tigri (South) Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 12.12.2018, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Priyanshi. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 14.01.2020 and instituted litigation against each other. He submits that the chargesheet in this matter has already been filed and is pending before Ld MM. Anuradha Prasad, Saket Court, 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 28.09.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.7,00,000/- (Seven Lakhs Only) as a full and final settlement, Out of which Rs.4,50,000/- (Two Lakhs only) has been paid and today DD No. 027889 in the name of Shalu dated 11.08.2023 amounting to Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) drawn from HDFC Bank.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 03.11.2022 passed by Learned MM. Shunali Gupta, Family Court, Saket Court.

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 FIR No 310/2021, dated 13/08/2021 registered under section 498A/406/34 IPC at PS: Tigri (South) Delhi and all the proceedings emanating therefrom and all the proceedings emanating therefrom.

6. Parties have now settled the matter vide compromise-cum-settlement deed dated 28.09.2022 on the following terms and conditions:

"A. That, both the parties to this Memorandum of Understanding are willing and ready to give divorce to each other with their own sweet will and choice and without any pressure coercion or threat etc. from any corner.

B. That, after executing this Memorandum of Understanding both the parties would be at liberty to convey their life as per their will and wish hence no party will have the objection to the personal activities of other party after divorce.

C. That it is settled between both the parties that all the disputes arise between the parties have been settled amicably before the family members, friends and relatives of both the parties, as per the following terms and conditions:

i. It is agreed between the parties that since there is no chance of their re-union, they will part their ways by seeking decree of divorce by mutual consent.

ii. It is also agreed between the parties that the second party Sh. Sanjay will pay to the first party Smt. Shalu, a total sum of Rs.7,00,000/- (Rupees Seven Lakhs only) in full and final settlement towards all her claims arising out o the marriage between the parties including maintenance, past, present and future permanent alimony, istridhan and dowry articles. The stridhan will return by the second party to the first party before filing the First Motion Petition.

iii. It is agreed between the parties that the above mentioned settlement amount of Rs.2,00,000/- (Rupees Two Lakhs only) shall be paid by the second party to the first party at the time of recording the statements of first motion petition.

iv. It is agreed between the parties that the above mentioned settlement amount of Rs.2,50,000/- (Rupees Two Laths Fifty Thousand only) shall be paid by the second party to the first party at the time of recording the statements of Second motion petition.

v. That It is agreed between the parties that the above mentio