The court emphasized the use of inherent powers under section 482 of the Code to secure the ends of justice and prevent abuse of the process of any court, particularly in cases of amicable settlement in matrimonial disputes.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 22384/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 5967/2023

1. Present petition has been filed seeking quashing of FIR No.0154 dated 18.02.2016 registered under Section 498A/406 IPC at PS Nihal Vihar (West) and all the proceedings arising therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 27.01.2012 in accordance with the Hindu Rites and Ceremonies. However, on account of temperamental differences and mental incompatibility, the parties started living separately 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, Tis Hazari Courts, New Delhi. 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 06.05.2022 before the Delhi High Court Mediation and Conciliation Centre. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.5,00,000/- (Rupees Five Lakhs only) 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 07.03.2023 passed by Learned Family Court, Tis Hazari.

3. 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. No.0154 dated 18.02.2016 registered under Section 498A/406 IPC at PS Nihal Vihar (West) and all the proceedings emanating therefrom.

4. It is a well settled law 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.

5. 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 07.03.2023, she has no objection if FIR no. No.0154 dated 18.02.2016 registered under Section 498A/406 IPC at PS Nihal Vihar (West) and all the proceedings emanating therefrom.

6. I have gone through the settlement which has been placed on record. Matter has been settled before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 06.05.2022 on the following terms and conditions:

1. That due to long separation and temperamental differences between the parties, there are no prospects of reunion of matrimony. The parties therefore have mutually decided to part ways peacefully. The respondent no. 1/husband has undertaken to pay a total sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the complainant/wife by way of full and final settlement of all the claims/dispute including the other claim towards past, present and future maintenance and permanent alimony or other like claims whatsoever for the complainant.

2. That i