Amjad Khan & Ors. v. Govt of NCT of Delhi & Anr.

1. The Present petition has been under section 482 Cr.P.Cseeking quashing of FIR No.0228 dated 01.05.2018 registered under Section 498A/406/34 IPC at PS Bhajanpura and all the proceedings arising therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 05.02.2016, in accordance with the Muslim 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 separatelyand instituted litigation against each other.

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 08.05.2023 before the Principal Judge, Family Court, Karkardooma Court. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.2,00,000/- (Rupees two Only) as full and final settlement, Out of which Rs. 1,50,000 /- (Rupees One Lacs Fifty Thousand Only) has been paid and today remaining payment vide DD No.866259 dated 23.06.2023 in the sum of Rs.50,000/- in the name of Mahreeen Rayaz drawn on State Bank of India has been handed over to respondent no.2 in court today

4. Pursuant to the settlement, a mutual consent divorce has taken place between the parties on 20.05.2023.

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 of FIR No.0228 dated 01.05.2018 registered under Section 498A/406/34 IPC at PS Bhajanpura 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 before the Learned Principal Judge, Family Court, Karkardooma, Delhi on 08.05.2023 on the following terms and conditions:

1. It is agreed between the parties that both the parties shall take divorceas per Muslim Shariyat Law. Parties: further agree that they shall makea divorce deed for the same.

2. Both the parties agree that this is a full & final settlement, the husbandshall pay a sum Rs 2,00, 000/- (Rupees Two lakh only) to thewife,against istridhan, dowry articles, iddat period allowance, mehr, alimonyand maintenance (past, present future) to petitioner. A) It is agreed between the parties that respondent shall pay Rs.1,50,000/- (Rupees one lakh fifty thousand only) to petitioner by way of Demand Draft by 22nd May 23. B) It is agreed between the parties that respondent shall pay Rs.50, 000/- (Rupees fifty thousand only) by way of Demand Draft to petitioner at The time of quashing of FIR 228/18 u/s 498A/406/341PC PS: Bhajanpura, before Hon’ble High Court of Delhi. The wife /DH, shall render cooperation terms of giving affidavit/NOC) in the quashing of the above said FIR and she will appear before. the Hon’ ble High Court of Delhi(as&when required).

3. It is agreed that both the parties shall withdraw all the cases and complaints filed against each other from the respected Hon’ble courts: A) The petitioner/DH shall withdraw her execution and any other case pending before LD. Principal Judge Family Court NE KKD, at the time of payment. B) Both the parties agree that the husband (ID) shall file a quashing petition. (By 30th May 23, for quashing of FIR u/s 498A/406/34 IPC (FIR no.228/18, PS Bhajanpura before Hon’ble Court of Delhi.

4. Both parties agree that they shall not interfere in each other's life and shall not file any case or complaint before any authority or, court of law, vise-a-vis their marriage.

5. Both parties agree that in the event of any breach of the terms of mutually agreed settlement, the Petitioner/DH shall return any amount received & also pay a penalty of Rs 50,000/- to the respondent/JD &similarly, if the respondent/JD commits any default or breach of terms and conditions. of this settlement then any amount paid by him shall stand forfeited and he shall also pay a penalty of Rs50,000/- to the petitioner/DH.

6. The parties also agree that the petitioner shall not, in future, claim any right in the movable or immovable properties of the respondent or any of his family member:

7. It is agreed between the parties that in the event of failure of the compliance of present settlement, both the parties shall be at liberty to seek revival and peruse their respective cases / remedies under law which includes proceedings mentioned herein.

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 this regard 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

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