IMPORTANT POINT
The court can exercise inherent powers to quash FIRs in matrimonial disputes based on amicable settlements and mutual divorce decrees.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 25237/2023 (for Exemption)

Exemption is allowed subject to all just exceptions.

Application is disposed of.

CRL.M.C. 6742/2023

1. The present petition has been filed for quashing FIR no. 0147/2023 dated 24.02.2023 registered under Section 498A/406/34 IPC at PS Rajouri Garden, West.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 07.07.2018 in accordance with the Hindu Rites and Ceremonies. No child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately since January 2022 and respondent no. 2 left the matrimonial house on 02.09.2022 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 04.03.2023.

4. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 50,00,000 (Rupees fifty lacs only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

5. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 09.08.2023 passed by the Learned Judge, Family Courts, Tis Hazari.

6. 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. 0147/2023 dated 24.02.2023 registered under Section 498A/406/34 IPC at PS Rajouri Garden, West and all the proceedings emanating therefrom.

7. 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.

8. 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 09.08.2023, she has no objection if FIR no. 0147/2023 dated 24.02.2023 registered under Section 498A/406/34 IPC at PS Rajouri Garden, West and all the proceedings emanating therefrom.

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

1. That by this compromise deed the parties have agreed to get their dissolved by a decree of divorce with mutual consent under section 13B (1) & 13 B (2) of Hindu Marriage Act, 1955 from the court of learned Principal Judge/Family Court.

2. That the first party/wife has settled all her claim towards remaining/left over Istridhan articles, her maintenance (past, present & future) and permanent alimony in a sum of Rs.50,00,000/- (Rupees Fifty Lacs Only), payable by the second party/husband to the first party/wife.

3. That it is agreed between the, parties that second party/husband shall pay an amount of Rs.17,00,000/- (Rupees Seventeen Lacs Only) to the first party/wife at the time of recording of statement of the par