High Courts can quash FIRs in matrimonial disputes when parties amicably settle, as continuance would lead to abuse of judicial process and not serve the ends of justice.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under section 482 Cr.P.C. seeking quashing of FIR No. 0315/2022 under Sections 498A/406/34 IPC registered at P.S. Shaheen Bagh lodged on the compliant of the respondent No.2/wife.

2. Facts in brief are that the marriage between the petitioner No. 1 (husband) and respondent No. 2 (wife) was solemnized on 04.04.2016 as per Muslim rites and customs in Delhi and two children out of the wedlock were born. However, owing to temperamental differences both the parties started residing separately since June 2021. Subsequently, respondent No. 2 (wife) got registered FIR No. 0315/2022 dated 25.08.2022 under Sections 498A/406/34 IPC at P.S. Shaheen Bagh, against the Petitioners herein. Chargesheet has not yet been filed and petitioners have not received any summons/notices from any courts with respect to the present case.

3. It has been submitted that due to the intervention and help of family members and well-wishers, both the parties have now amicably resolved all their disputes vide (MoU) settlement agreement dated 14.12.2022. The same has also been placed on record. A perusal of the settlement agreement dated 14.12.2022 indicates that it is agreed between the parties that they would reside happily and peacefully as husband and wife at the residence of the petitioner. It is settled that the petitioner would not subject the respondent No.2 with cruelty and atrocities. It has been further agreed that the respondent No. 2/complainant would withdraw the FIR No. 0315/2022 against the petitioners. It is settled that the parties will level no allegations against each other and have decided to live together happily. It is also agreed that the parties would not file any complaint against each other regarding the allegations levelled in the FIR. It has been submitted that the parties having amicably settled all their disputes are now residing together happily and peacefully. Learned counsel for the petitioner submits that since the parties have resolved all their differences amicably, therefore, no useful purpose would be served by continuing the abovesaid FIR and proceedings emanating therefrom and seeks quashing of the same.

4. The petitioner No.1 (husband) and Respondent No.2 (wife) are both present in person before this court and have been duly identified by the IO. It has been stated by the parties that they have amicably resolved all their disputes and are living together peacefully. Respondent No.2/complainant has stated that she has amicably settled with the petitioners and has started living together with the petitioner No.1 for the last 2 months. An affidavit of the respondent No.2 has also been filed wherein it has been stated that she has settled all her disputes with the petitioners vide Settlement Agreement dated 14.12.2022. She has stated that she was married to the petitioner No. 1 on 04.04.2016 and two girl children were born out of the wedlock. However, in the month of June 2021, the parties started living separately and the present FIR was lodged. She has stated that however, with the intervention of the relatives and well-wishers, they have amicably settled their disputes. She has stated that she has no objection if FIR No. 0315/2022 is quashed. She has stated that she is voluntarily making the statement against all claims (past, present, and future) without any fear, undue influence or coercion.

5. The High Court being the highest court of a State is conferred with the power of control and superintendence over all courts subordinate to it. Articles 226 and 227 of the Constitution of India and Section 482 CrP