The court held that in matrimonial disputes where parties have reached an amicable settlement, continuation of criminal proceedings is an abuse of process and not in the interest of justice.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 27619/2022 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 7130/2022

1. The present petition has been filed under section 482 Cr.P.C. seeking quashing of FIR No. 0702/2021 registered at PS Uttam Nagar under Sections 498A/406/34 IPC.

2. Briefly stated the facts are that the marriage between the petitioner No. 1 (husband) and respondent No. 2 (wife) was solemnized on 07.02.2020 as per Muslim rites and customs in Delhi. Out of the wedlock, one child namely, Master Zohan was born. However, owing to temperamental differences both the parties started residing separately and since then there was no cohabitation between both the parties. Subsequently, respondent No. 2 (wife) got registered FIR No. 0702/2021 dated 12.09.2021 under Sections 498A/406/34 IPC at P.S Uttam Nagar, against the petitioners herein. Besides the aforesaid FIR, litigations emerged between the parties for Maintenance and Domestic violence. In the proceedings under section 125 Cr.P.C. before the learned Principal Judge, Family Court, Dwarka Courts, New Delhi, the parties were referred to amicably settle all disputes between them before the Principal Counsellor, Dwarka Courts. Learned counsel for the parties submit that both the parties have mutually entered into a settlement agreement dated 17.09.2022 before the learned Principal Counsellor, Dwarka Courts. The settlement has been placed on record. As the settlement, the parties were required to take the divorce as per Muslim Personal Law.

3. Moreover, as per the settlement agreement dated 17.09.2022 the parties have agreed to settle all their disputes amicably. It has been agreed that the petitioner No. 1/ husband shall pay a total sum of Rs. 18,00,000/- in three equal instalments of Rs. 6,00,000/- each to the respondent No. 2/wife towards full and final settlement of all claims including past, present and future alimony, stridhan, jewellery articles, maintenance, Dower, expenses of Iddat period, Mehar, property etc.. It has been submitted that as per the Muslim Personal Law, Talakul Hasan has taken place. In terms of the settlement dated 17.09.2022, the petitioner No. 1/husband pronounced first Talakul Hasan as per Shariat Law on 27.09.2022, the second Talakul Hasan on 27.10.2022 and the third Talakul Hasan on 28.11.2022 and the same were all duly accepted by the respondent No. 2/wife in the presence of witnesses. Further, as per the settlement dated 17.09.2022, it was agreed that the petitioner No. 1/husband shall pay Rs. 6,00,000/- each, at the time of the second and third Talakul Hasan i.e. on 27.10.2022 and 28.11.2022 to the respondent No.2 and the same stand paid. It was agreed that the remaining Rs. 6,00,000/- shall be paid at the time of the quashing of the aforesaid FIR before this Court. As per the settlement dated 17.09.2022 it was also agreed between the parties that the custody of the male child namely Zohan shall remain with the respondent No.2/wife and there shall be no visitation rights with the petitioner No.1 or the members of his family. It was agreed between the parties that they shall not file any case (civil or criminal) in any court against each other or their family members, regarding restitution of conjugal rights, maintenance and claim in property of each other etc. in the future. Pursuant to the settlement, the Talaqnama dated 28.11.2022 between the parties came to be executed. The same has also been placed on record.

4. Thus, the marriage between both the parties stands diss