The court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the parties, in line with the principles established in previous cases.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 24963/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 6670/2023

1. The present petition has been filed for quashing FIR NO. 161/2014 under Section 498A/406/34 IPC registered at PS CAW Cell, Nanakpura, New Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married the petitioner on 18.11.2001 in accordance with the Hindu Rites and Ceremonies. A girl child named Aanya Iyer was born from of the said wedlock on 30.11.2004. 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.

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 24.11.2018 before Counselling Cell, Saket Court, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 80,00,000/- (Rupees Eighty Lakhs) 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 07.05.2019 passed by Learned Principal Judge, Family Court, South, Saket 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. 161/2014 under Section 498A/406/34 IPC registered at PS CAW Cell, Nanakpura, New Delhi, 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. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law as provided under section 13B of the Hindu Marriage Act, 1955.

2. It is agreed between the parties that husband shall pay to the wife u sum of Rs.80 Lacs (Rupees Eighty Lacs Only) as full & final settlement amount (against istridhan, dowry and maintenance towards past, present and future and rights in all immoveable properties including Flat No. CGU-225, DLF Capital Greens Phase-II, Moti Nagar, New Delhi, India (qua this marriage) in 2 installments by way of DD/Pay Order of Rs.40 Lacs each.

3. It is further agreed between the parties that the husband will pay a sum of Rs. NIL 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 the husband will pay a Sum of Rs.40 Lacs (Fourty Lacs Only), to the wife at the time of recording of the statement second motion, by way of DD/Pay Order.

5. It is further agreed between the parties that the first party shall pay Rs.40 Lacs (Fourth Lacs Only), to the second party at the time of quashing of FIR No. 161/2014 U/S 498A/408/34 PC. PS, CAW Nanakpura, the Hon'ble High Court of Delhi within 30 days, after second motion and second party shall co-operative and sign the entire necessary affidavits & do the needful In quashing of the said FIR.

6. It is further agreed between the parties that the first motion petition shall be filed on or before 1st week of December, 2018 and second motion petition shall be filed in the last week of the January, 2019 to enable the first party to arrange funds for payment to the second party out of the sale of the property i.e. CGU-225, DLF, Capital Greens. Phase-II, Moti Nagar, New Delhi.

7. There is child namely Ms. Aanya Iyer from this wedlock, who is living with the second party (mother) who shall have the permanent custody of the child and first party will not have visitation right except to pertaining to grand parents subject to the wishes of the child,