J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 2746/2023 Exemption allowed subject to just exceptions.

CRL.M.C. 713/2023

1. The present petition has been filed for quashing FIR no. 524/2021 registered under Section 498A/406/34 IPC at PS Jait Pur, South-East.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 07.06.2020 in accordance with the Hindu Rites and Ceremonies. No child was born out of the wedlock.

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

17.01.2022 before the Counselling Cell, Family Court, Saket, New Delhi.

4. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.5,00,000/- in full and final settlement of the entire dispute to respondent no. 2/complainant. A remaining Payment of Rs.

1,50,000/- has been made in cash in the court today.

5. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 18.07.2022 passed by Learned Principal Judge, Family Court, South East, Saket.

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. FIR no. 524/2021 registered under Section 498A/406/34 IPC at PS Jait Pur, South-East 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 18.07.2022, she has no objection if FIR no. FIR no. 524/2021 registered under Section 498A/406/34 IPC at PS Jait Pur, South-

East 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 the parties to the petition have agreed to dissolve the marriage by way of mutual consent in accordance with law as provided under section 13-B of the Hindu Marriage Act. 1955 within the jurisdiction of Delhi Court.

2. It is agreed between the parties that husband shall pay to the wife a sum of Rs.5,00,000/- as full and final settlement towards Istridhan and dowry, maintenance towards past, present and future qua this marriage in three installments by way of demand draft or cheque on the following manner

3. It is further agreed between the parties that the husband will pay Rs.1,00,000/- to the wife at the time of recording the statement of first motion through demand draft I cheque and the first motion will be filed on or before 15.03.2022. It i