Sanjay Kumar and Ors. v. State (Govt of NCT of Delhi) and Anr.

1. The Present petition has been under section 482 Cr.P.C seeking quashing of FIR No. 130/2019 dated 23.02.2019 registered under Section 498A/406/34 IPC at PS Ranhola and all the proceedings arising therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 09.07.2011, in accordance with the Hindu Rites and Ceremonies in Delhi. No child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately since 18.03.2018 and instituted litigation against each other. He submits that the charge-sheet has been filed and is pending before the learned MM Saumy Chauhan, Mahila Courts, Tis Hazari Courts.

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 09.03.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.1,00,000/- (Rupees one lakh Only) as a full and final settlement, which has already been paid to respondent no.2.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 26.02.2022 passed by Principal Judge, Family Court, Tiz Hazari Court, Delhi

5. Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably, it would be in the interest of justice to quash FIR No.130/2019 dated 23.02.2019 registered under Section 498A/406/34 IPC at PS Ranhola and all the proceedings arising therefrom.

6. I have gone through the settlement agreement which has been placed on record. The parties have settled the matter on 09.03.2021 on the following terms and conditions:

7. It is a settled proposition of law 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,

8. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.

9. In view of the above, of FIR No. 130/2019 dated 23.02.2019 registered under Section 498A/406/34 IPC at PS Ranhola and all the proceedings arising therefrom are quashed.