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HIGH COURT OF DELHI
CRL.M.C. 6155/2022
TOFIK & ORS. ..... Petitioners
Through: Mr. Nasimuddin, Adv.
Through: Mr. Raguvender Verma, APP for State and SI Tarun, PS Sonia Vihar.
Mr. C. P. Dubey, Adv. with R-2.
Date of Decision: 30.05.2023.
JUDGMENT
1.The present petition has been filed for quashing of FIR no. 263/2016 registered under Section 498A/406 IPC at PS Sonia Vihar and all the other consequential proceedings.
2.Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 07.03.2014 in accordance with the Muslim Rites and Ceremonies. A female child namely baby
Ayesha was born from wedlock. 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.
3.Learned Counsel further submits on 16.06.2020, the parties mutually agreed to dissolve their marriage vida Divorce by their mutual consent
(Khula) and to lead their lives separately from each other.Subsequently, the parties have resolved their disputes amicably and infurtherance thereof they have entered into a settlement agreement dated 20.10.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay 1 lakh in full and final settlement of the entire dispute to respondent no. 2/complainant.
4.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. 263/2016 registered under Section
498A/406 IPC at PS Sonia Vihar and all the proceedings emanating therefrom.
5.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. 010737 dated 26.05.2023 for a sum of Rs. 1,00,000/-
(Rupees One Lac only) in the name of Shabana drawn from Bank of
Barodawas given to her in court today. She submits that since theterms of the settlement have been complied with and the marriage between the parties already stands dissolved, she has no objection if FIR no. 263/2016 registered under Section 498A/406 IPC at PS Sonia Vihar and all the proceedings emanating therefrom are quashed. A no-objection certificate of Respondent No. 2 has also been placed on record.
6.I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:
6. It had been agreed and settled that after compliance of terms of this settlement agreement there will not remain any. dispute between the parties qua the marriage of the parties and none of the parties shall file any other case/petition/complaint etc. against each other or their family members or relatives in future.
7. It had been greed and settled that if any case/complaint/petition between the parties is pending in any Court or authority, the same shall be withdrawn by the respective party and the same shall be deemed to be settled.
8. It had agreed and settled that both the parties shall be bound by the terms and conditions of this settlement agreement and if any party does not fulfill requirements and conditions of this settlement agreement, the aggrieved party will have right to file appropriate case/ contempt against other party.”
7. It is pertinent to note that both parties have also submitted that this settlement agreement entered into shall not affect the rights of the child. It has been stated that the child will have the liberty to persue his remedies available under the law. Both parties have also signed a joint statement in this regard.
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, 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,FIR no. 263/2016 registered under Section 498A/406 IPC at PS Sonia Vihar and all the other consequential proceeding and all the other proceedings emanating therefrom are quashed.
11. The present petition along with all the pending applications stands disposed of.
DINESH KUMAR SHARMA, J MAY 30, 2023