Ashish and Ors. v. The State Govt of NCT of Delhi & Anr

1. The present petition has been filed for quashing of FIR no.0078/2019 dated 04.04.2019 registered under Section 498A/406/34 IPC at PS Krishna Nagar and all the other consequential proceedings. Signing

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 17.02.2016 in accordance with the Hindu Rites and Ceremonies. However, it has been submitted that 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. It is pertinent to note that no child was born out of this wedlock.

3. Learned Counsel that the investigation has been completed and a chargesheet has been filed under sections 498A/406/506/377/34 IPC. It has been submitted that during the pendency of the proceedings, the parties have resolved their disputes amicably and infurtherance thereof they have entered into a settlement agreement dated 05.04.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay 15 lakh in full and final settlement of the entire dispute to respondent no. 2/complainant in lieu of Istridhan, future maintenance, residential and medical allowances.

4. Pursuant to the settlement, a mutual consent divorce petition was filed and the same was allowed vide decree and judgement dated 11.02.2022 passed by Learned Principal Judge, Family Court.

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.0078/2019 dated 04.04.2019 registered under Section 498A/406/34 IPC at PS Krishna Nagar and all the other consequential proceedings. Signing

6. 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 pursuant to the settlement, DD No. 12023[8] dated 30.05.2023 in the sum of Rs.Five lakhs drawn on Central Bank of India, court area, Saharanpur in the name of Pushpa has been handed over today. She states that the remaining amount has already been paid before. She submits that since the terms of the settlement have been complied with and the marriage between the parties already stands dissolved, she has no objection if FIR no.0078/2019 dated 04.04.2019 registered under Section 498A/406/34 IPC at PS Krishna Nagar and all the proceedings emanating therefrom are quashed. A no-objection certificate of Respondent No. 2 has also been placed on record.

7. I have gone through the settlement agreement dated 05.04.2022 which has been placed on record. The settlement agreement provides for the following terms and conditions:

4. That now with the intervention of the respected persons of the society the settlement between the first party and the second party and his family members have been made to the effect that the second party and his family members will pay Rs. 15,00,000/- to the first party, in lieu of Istridhan, future maintenance, residential and medical allowances. Out of which a cheque bearing no.026012 of Central Bank Court Road, Saharanpur amounting Rs.5,00,000/dated 05.04.2022 has been given to the first party and the remaining balance will be given to the first party during the course of withdrawing/disposing off all the matters pending in courts.

5. That both the parties with their mutual consent will file a divorce petition u/s 13 (b) (ia) (ib) of Hindu Marriage Act for dissolution of their marriage and at the time of recording their joint statement in the said divorce petition, the second party will pay the Signing remaining amount of Rs.5,00,000/- to the first party, before the court concerned.

6. That the parties will bear their own expenses as well as the fee’s of advocate.

7. That this agreement has been made between 'the parties with their own consent, sweet will and without any pressure, coercion or compulsion. And on the basis of this settlement, the parties will not file any case against each other regarding matrimonial disputes in future,nor either of party will claim any maintenance from anyone.

8. 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,

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 FIR no.0078/2019 dated 04.04.2019 registered under Section 498A/406/34 IPC at PS Krishna Nagar and all the other Signing consequential proceeding and all the other proceedings emanating therefrom are quashed.

11. The present petition stands disposed of.