The court can quash non-compoundable offences arising from matrimonial differences if the parties have reached an amicable settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A.24869/2023 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 6640/2023

1. The present petition has been filed for quashing FIR No. 0491/2018 registered under Section 498A/406/34 IPC at PS Begum Pur, Rohini, Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 31.12.2017 in accordance with the Hindu Rites and Ceremonies. No child was born out the wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 18.04.2018 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 compromise deed dated 10.05.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 3,00,000/- (Rupees Three Lakhs Only) 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 15.12.2022 passed by Learned Judge, Family Courts, Rohini, Delhi. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, Rohini Court, 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. 0491/2018 registered under Section 498A/406/34 IPC at PS Begum Pur, Rohini, 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 15.12.2022, she has no objection if FIR No. 0491/2018 registered under Section 498A/406/34 IPC at PS Begum Pur, Rohini, Delhi and all the proceedings emanating therefrom.

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

"1. That as per the Mutual understanding between the parties the Second Party/Husband has agreed to pay a total amount of Rs.3,00,000/(Rupees Three Lakhs only) to the First Party/wife as full and final settlement amount against all claims (permanent alimony as well as all past present and future claims).

2. That it is further settled between the parties that the second party/husband shall pay the first instalment in a sum ofRs.1,00,000/- at the time of signing of this compromise, agreement and remaining amount in two further instalments which is as Rs. 100,000/- at the time of recording the statement of First Motion, Divorce by Mutual Consent and remaining amount in a sum of Rs.1,00,000/- at the time of r