The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in cases involving matrimonial disputes.

JUDGMENT :

1. Heard Sri Varun Dev Sharma, learned counsel for the applicant, Sri Tapan Kumar Mishra, learned counsel for the opposite party no. 2, and Sri Manoj Kumar Dwivedi learned A.G.A. for the State, and perused the material on record.

2. The present application under section 482 of the Code of Criminal Procedure (in short "the Code") has been filed for quashing the impugned charge-sheet No. 43 of 2017 dated 18.10.2017 arising out of case crime no. 22 of 2017 under sections 498-A, 323, 506 of Indian Penal Code (hereinafter referred as "IPC") registered at Police Station-Mahila Thana, District Meerut and stay the further proceedings of Criminal Case No. 5204 of 2017 (State v. Nitin Garg) pending in the court of Special Chief Judicial Magistrate, Meerut.

3. First Information Report ("FIR") has been lodged by the opposite party no. 2 as case Crime No. 22 of 2017 under Sections 323, 506, 307, 354 of IPC on 2.5.2017 at Police Station-Mahila Thana, District Meerut against the applicant aged about 39 years (husband), Satish Chand Gupta (father-in-law) and Saurabh (brother-in-law/Jeth).

4. Brief facts of the case are that First Information Report dated 2.5.2017 by the opp. party no. 2/victim stating therein that the marriage of the victim was solemnized with the applicant on 3.12.2003 according to Hindu rites and rituals at Meerut and her father spent more than his capacity. After the marriage, the applicant used to commit marpeet with her, after consuming excess liquor but she tolerated the behaviour of her husband for the future of her son and complained to her brother-in-law (Jeth) and father-in-law. On such a complaint, her father-in-law stated that the applicant is not physically fit. Prior to two years of lodging the FIR, father-in-law of the victim entered her room started molesting her and attempted to commit rape with her. After this incident, the victim left this house and shifted to another house of the applicant. On 25.4.2017, co-accused Saurabh came and caught hold of her forcibly and attempted to commit rape. Anyhow she escaped herself. On her information, her father came on 29.4.2017 from Darjeeling and they threatened to dissolve the marriage after taking Rs. 2 crores otherwise she would not be left alive. Earlier, her husband two times attempted to commit murder by strangulation of her neck.

5. After completing the investigation, on 18.10.2017, a charge-sheet has been submitted in the aforesaid case against the applicant under Sections 498-A, 323, 506 of IPC and Special Chief Judicial Magistrate, Meerut took cognizance on 7.11.2017 under Sections 498-A, 323, 506 of IPC.

6. Learned counsel for the applicant as well as learned counsel for the opp. party no. 2 have jointly submitted that the parties have settled their matrimonial dispute before Supreme Court Mediation Centre on 16.11.2018 wherein the opposite party no. 2 has expressed her opinion that she does not wish to pursue the present case any further. Copy of aforesaid settlement has been annexed as Annexure SA.-1 to the Supplementary Affidavit. Both the parties have agreed in the aforesaid settlement that they will make joint request before the Court to dispose of/quash the following cases:

(a) HMA No. 1950 of 2016 pending before the Family Court, Meerut (Nitin Garg v. Navita Garg)

(b) Case arising out of CR No. 22 of 217 pending before CJM, Meerut (Mahila Thana)

(c) Complaint case No. 48 of 2018 pending before the CJM, Kalimpong.

(d) Case arising out of GR Case No. 297 of 2017 from FIR No. 231 of 2017 pending before CJM, Kalimpong.

7. Learned counsel for both the parties further submitted that in pursuance of aforesaid settlement, out of four cases, three cases have been disposed of. The relevant copies of the orders have been filed as Annexure SA-2, SA-3, and SA-4 to the Supplementary Affidavit. Both the parties have agreed, voluntarily and of their own free will to settle their matrimonial dispute on the terms and conditions mentioned in the settlement dated 16.11