The court can exercise inherent powers to quash non-compoundable offences, especially in cases of matrimonial differences where parties have reached an amicable settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Article 226 read with Section 482 Cr. PC seeking quashing of FIR no. 5/2019 registered under Section 498A/406/34 IPC at PS Madhu Vihar.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 13.11.2013 in accordance with the Hindu Rites and Ceremonies. However, it has been submitted that, 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.

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 20.07.2022 before Counselling Cell, Family Courts, Karkardooma Courts. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.3,75,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated 10.02.2023 passed by Learned Principal Judge, Family Courts, Shahdara, Karkardooma Courts, Delhi.

5. The 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.5/2019 registered under Section 498A/406/34 IPC at PS Madhu Vihar and all the proceedings emanating therefrom.

6. 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 a DD No. 034255 dated 28.04.2023 (revalidated on 31.07.2023) for a sum of Rs.1,25,000/- drawn on HDFC Bank in the name of Sarita was given her in court today. She submits that other petitions have already been withdrawn or dismissed.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 10.02.2023, she has no objection if FIR no. 5/2019 registered under Section 498A/406/34 IPC at PS Madhu Vihar and all the proceedings emanating therefrom are quashed.

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

1. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided under Section 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.3,50,000/- as full & final settlement (against istridhan and dowry, maintenance towards past, present and future qua this marriage) in 3 instalments by way of DD/pay order.

3. It is further agreed between the parties that the husband will pay Rs.1,25,000/- to the wife at the time of recording of the statement of first motion by way of DD/Pay order.

4. It is further agreed between the parties that husband will pay Rs.1,25,000/- to the wife at the time of recording of statement of second motion by the way of DD/Pay order.

5. It is further agreed between the parties that the Respondent shall pay Rs.1,25,000/- to the Petitioner at the time of quashing for FIR No. 005/2019 U/S 498A/406/34 IPC, P.S. Madhu Vihar in the Hon'ble High Courts of Delhi within 1 Month after Second Motion and Petitioner shall cooperate and sign all the necessary affidavit & do the needful in quashing of said FIR.

6. It is further agreed between the parties that the first motion petition shall be filed on or before 20/8/2022 and second motion petition shall be field soon after the completion of the statutory period of the order u/s 13 B (1) of HMA.

7. It is further agreed between the parties that the petitioner/respondent will withdraw th