Avinash Kumar Gope and Ors. v. The State and Anr

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No.364/2020 dated 31.08.2020 registered under Section 498A/406/506/34 registered at PS Faraz Bazar, Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 13.12.2013, in accordance with the Hindu Rites and Ceremonies in Delhi. Two children were born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 23.10.2016 and instituted litigation each other. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, Karkardooma, New Delhi.

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 12.01.2021 before the Counsellor, Family Court, Karkardooma Court. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.6,75,000/- (Rupees Six lacs Seventy Five Thousand Only) as full and final settlement, Out of which Rs. 3,50,000 /- (Rupees Three Lacs Fifty Thousand Only) has been paid at the time of First Motion, another Rs.2,25,000/- (Rupees Two Lacs Twenty Five Thousand Only) has been paid at the time of Second Motion and today Remaining sum of Rs.1,00,000/- (Rupees One Lacs only) has been received by way of a Demand Draft bearing No.291306 dated 28.12.2023 drawn on Kotak Mahindra Bank.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 21.12.2021 passed by Learned MM. Ajay Pandey, Family Court, karkardooma court.

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 the FIR No.364/2020 dated 31.08.2020 registered under Section 498A/406/506/34 registered at PS Faraz Bazar, Delhi and all the proceedings emanating therefrom.

6. 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 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, 2019 SCC OnLine Del 8179.

7. 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 other petitions have already been withdrawn or dismissed. And since the parties has amicably settle, she has no objection FIR No.364/2020 dated 31.08.2020 registered under Section 498A/406/506/34 registered at PS Faraz Bazar, Delhi and all the proceedings emanating therefrom.

8. I have gone through the settlement which has been placed on record dated 12.01.2020. The settlement agreement provides for the following terms and conditions:

1. It is agreed between the parties that both the parties shall dissolve their marriage by filling a petition under section 13 -B (1) and 13 -B (2) of the Hindu marriage Act 1955/ Special Marriage Act, 1954 etc on the ground of mutual consent before the Hon'ble Family Courts, New Delhi.

2. It is further agreed between the parties that the first motion petition shall be filled preferably on or before 3 / 2 /20.

3 It is further agreed between the parties that after expiry of mandatory prescribed period of six ( 6) months or any other earlier if any so permitted under the law / judicial pronouncement they will file second motion as contemplated under the Hindu marriage ACT 1956 or in any other law and both the parties shall cooperate in entire process of mutual consent divorce of their respective statement as required in law for the first and second motion.

4. It is agreed between the parties that the petitioner/ respondent shall pay lump sum consideration of Rs. 6,75,000 /- (Six lakh seventy five thousand only) to the petitioner/ respondent as full and final settlement (against: the child / children maintenance towards past present and future and the petitioner's / respondent's past present and future maintenance, permanent alimony, stridhan, etc) under the following manner.

Rs...3,50,000 /-. (Three Lakh fifty thousands only) in form of demand draft / cash /cheque to the petitioner / respondent ( Shilpi ) at the time of recording of statement of both the parties before the Hon'ble family courts under the first motion proceedings.