The court can exercise inherent powers under Section 482 of the Code to quash FIRs in matrimonial disputes if the parties have reached an amicable settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 163/2018 registered at P.S. Nihal Vihar under Sections 498A/406/34 IPC, and the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 04.12.2013 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, (Mahila Court), West District, Tis Hazari Courts, 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 vide Settlement deed dated 27.01.2022 before Counseling Cell, Family Court Tis Hazari, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.2,00,000/- (Two Lakh Rupees) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 04.08.2022 passed by Learned Principal Judge, Family Courts, West District, Tis Hazari Courts, 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. 163/2018 registered at P.S. Nihal Vihar under Sections 498A/406/34 of IPC 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. That the petitioner and respondent have agreed to dissolve their marriage by mutual consent in accordance with law provides U/s 13(B) of the Hindu Marriage Act.

2. It is agreed between the parties that husband shall pay to the wife a sum of Rs.Two Lacs Only & Articles (list enclosed) as full and final settlement (against istridhan and dowry, maintenance towards past, present and future qua this marriage in three installments by way of DD/Pay Order. There is no issue from this wedlock.

3. It is further agreed between the parties that the husband will pay Rs.Seventy Five Thousand only & articles (list enclosed) to the wife at the time of recording of the statement of first motion by the way of DD/Pay Order. (RS.75,000/- only).

4. It is further agreed between the parties that the husband will pay Rs.Fifty Thousand only to the wife at the time of recording of the statement of second motion by way of DD/Pay Order (Rs.50,000/- only).

5. It is agreed between the parties that the first motion petition shall be filed on or before 10th Feb 22 and second motion petition shall be filed soon after the completion of the period of the statutory period of the order U/s 13-B(1) of HMA or as early as possible.

6. It is further agreed between the parties that the respondent shall pay Rs.Seventy Five Thousand only to the petitioner at the time of recording of statement in quashing of FIR No.0163/18 under section 498(A), 406 & 34 P.S. Nihal Vihar in Hon'ble High Court of Delhi within two months after second motion and petitioner shall cooperate and sign all the necessary affidavit and do the needful in quashing of the said FIR.

7. There is/are ________child/children namely________from this wedlock who is/are living with the _______. It is agreed between the parties that custody will be with ______. The will/will not have visitation right.(No)

8. It is further agreed between the parties that the petitioner/respondent will withdraw the case which is pending in the court of Ms. Renu Bhatnagar,