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HIGH COURT OF DELHI
W.P.(CRL) 2067/2023
VARUN KHANNA AND OTHERS ..... Petitioners
Through: Mr. Arjun and Mr. Pravin Kumar P., Advs.
Through: Mr. Sanjeev Bhandari, ASC for State and ASI Kewal Singh, PS Vivek
Vihar.
Date of Decision: 24.07.2023.
JUDGMENT
Exemption allowed subject to just exceptions.
1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No, 743/2022, dated 27/12/2022 registered under section 498A/406/506/34 IPC at Vivek Vihar, Delhi and all the proceedings emanating therefrom.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 04.12.2015, 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 on 27.01.2022 and 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 08.04.2023. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.50,000/- (Fifty Thousand Only ) as a full and final settlement, and today the sum of Rs.50,000/- in cash is handed over to the 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 22.05.2023 passed by Principal Judge. Ajay Pandey, Family Court, Karkardooma Courts.
5. 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, 743/2022, dated 27/12/2022 registered under section 498A/406/506/34 IPC at Vivek Vihar, Delhi and all the proceedings emanating therefrom.
6. I have gone through the settlement which has been placed on record dated 08.04.2023. The settlement agreement provides for the following terms and conditions:
7. Both the 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 She submits that other petitions have already been withdrawn or dismissed.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 parties have amicably settled, she has no objection to quash FIR NO. 743/2022, dated 27/12/2022 registered under section 498A/406/506/34 IPC at Vivek Vihar, Delhi and all the proceedings emanating therefrom.
8. 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 offences 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.
9. 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.
10. In view of the above, 743/2022, dated 27/12/2022 registered under section 498A/406/506/34 IPC at Vivek Vihar, Delhi and all the proceedings emanating therefrom.
11. The present petition along with all the pending applications stands disposed of.
DINESH KUMAR SHARMA, J JULY 24, 2023