The court emphasized the power to quash FIRs in matrimonial disputes when parties reach an amicable settlement, prioritizing justice and resolution over prosecution.

% 08.04.2024 CRL.M.A. 4999/2024 & CRL.M.A. 5000/2024 (exemptions)

1. Allowed, subject to all just exceptions.

2. Applications stand disposed of.

CRL.M.C. 1265/2024

3. This petition has been filed on behalf of the Petitioners under Section 482 Cr.P.C . seeking quashing of FIR No. 68/2017 dated 14.07.2017 registered under Sections 497/498A IPC at PS: Chitranjan Park, including proceedings emanating therefrom.

4. Marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 19.07.2007 according to Hindu rites and ceremonies at The Order is downloaded from the DHC Server on 12/04/2024 at 18:52:15

CRL.M.C. 1265/2024 Page 2 of 8 Kolkata. A male child was born from the said wedlock, who is in the custody of Respondent No.2 with visitation rights in favour of Petitioner No.1 as per the arrangement incorporated in the Memorandum of Understanding. On account of disputes and differences arising between Petitioner No. 1 and Respondent No. 2, they have been living separately since December, 2016. Respondent No. 2 made a complaint against the Petitioners which culminated into registration of the present FIR.

5. During the pendency of the criminal proceedings, parties have amicably resolved their disputes and differences and a Memorandum of Understanding dated 17.08.2023 was executed between Petitioner No. 1 and Respondent No. 2. As per the terms of settlement, a sum of Rs.50,00,000/- was payable by Petitioner No.1 to Respondent No.2 in full and final settlement of all her claims including permanent alimony, istridhan, dowry, maintenance etc. Out of the total settlement amount, first instalment of Rs.15,00,000/- was paid at the time of filing the First Motion Petition under Section 13B(1) of Hindu Marriage Act, 1955, and second instalment of Rs.15,00,000/- was paid at the time of filing the Second Motion Petition under Section 13B(2) of the said Act. Balance amount of Rs.20,00,000/- was payable at the time of quashing of the present FIR. Pursuant to the settlement, marriage between Petitioner No. 1 and Respondent No. 2 has been dissolved by mutual consent by a Decree of Divorce dated 08.12.2023, copy of which has been annexed with the petition.

6. Issue notice.

7. Learned APP accepts notice on behalf of the State.

8. Ms. Apoorva Maheshwari, learned counsel accepts notice on behalf of Respondent No.2. The Order is downloaded from the DHC Server on 12/04/2024 at 18:52:15

CRL.M.C. 1265/2024 Page 3 of 8

9. Petitioner No.1 is present in Court while Petitioners No.2 and 3 are present virtually. Respondent No. 2 is present in Court. Petitioners and Respondent No.2 and are identified by their respective counsels as well as Investigating Officer SI Narender Singh, PS: Chitranjan Park. Respondent No. 2 states that balance amount of Rs. 20,00,000/- has been received by her today by way of Demand Draft bearing No.012410 dated 14.02.2024 drawn on HDFC Bank, copy of which has been handed over and is taken on record.

Respondent No. 2 submits that she has no objection to the FIR being quashed as the marriage between her and Petitioner No. 1 stands dissolved and all other disputes have been amicably resolved and settled. Learned Senior Counsel for Respondent No.2 only expresses a concern about the well-being of the child and seeks direction to the Petitioner to ensure that he takes proper care of the child during visitations and works towards his betterment and good upbringing. Learned APP also has no objection to the quashing of the FIR, in view of the settlement between the parties.

10. The Supreme Court in Gian Singh v. State of Punjab and Another , (2012) 10 SCC 303 , observed that while exercising inherent powers under Section 482 Cr.P.C . in respect of quashing of an FIR where parties have entered into amicable resolution of the disputes, one of the considerations would be whether it would be unfair or contrary to the interest of justice to continue the criminal proceedings despite the compromise and if the answer to the question is i