Deep Mala alias Deepa v. State NCT of Delhi & Anr.

3. Ld. Counsel submits that in terms of the settlement, the parties obtained divorce by mutual consent which was granted by the Ld. Principal Judge, Family Courts, Saket Court vide judgement dated 12.01.2023. Ld. Counsel submits that further in pursuance of the settlement agreement the various litigations have/or are being been withdrawn. Ld. Counsel submits that since the parties no longer wish to pursue the present complaints owing to the settlement and they have already been granted mutual divorce, no useful purpose would be served in continuing with the present proceedings.

4. The parties are present in person and have been duly identified by the IO. The parties state that the abovementioned FIR’s stemmed from matrimonial differences between the parties and their families which now stand amicably resolved vide settlement agreement dated Signing 06.06.2022. Parties state that pursuant to the settlement they have also been granted mutual divorce vide decree dated 12.01.2023. Complainant has stated that out of the total amount of Rs. 2,50,000/she had already received a sum of Rs. 1,50,000/- and the remaining Rs. 1,00,000/- has been paid today by way of cash before this Court. Complainant states that thus she has received the entire amount. The parties have stated that they have settled all their dispute out of their own free will, without any fear, force or coercion or undue influence from any side after understanding the consequences of the settlement. They state that they have no remaining grievances towards each other and as such no longer wish to pursue the abovementioned complaints owing to the amicable settlement.

5. I have considered the submissions and perused the records. The above mentioned FIR’s were lodged as a result of matrimonial discord and differences between the parties. However, parties have already amicably resolved all their disputes vide settlement agreement dated 06.06.2022. The parties have also been granted divorce by mutual consent vide decree dated 12.01.2023. The parties no longer wish to pursue the present FIRs/complaints. The chances of conviction would be bleak given that the complainants no longer wish to pursue the present complaints on account of the amicable settlement. In such circumstances, continuance of the above-mentioned FIRs would serve no useful purpose and may cause prejudice to the parties and be an exercise in futility. I do not see any reason to reject the compromise. This court considers that it is better to put a quietus to the dispute in matrimonial matters where the wrong is basically private or personal in Signing nature and the parties have amicably resolved their entire dispute. The Supreme Court and this Court have time and again held that cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement. Reliance can be placed on 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.

6. In view of the settlement, the FIR No. 559/2019 registered u/s 452/325 IPC at PS Ambedkar Nagar in Crl. M.C. 4116/2023; FIR NO. 0321/2019 registered u/s 406/498A/34 IPC at PS Saket in Crl. M.C. 4120/2023; FIR No. 0201/2018 registered u/s 325/506/34 IPC at PS Ambedkar Nagar in Crl. M.C. 4127/2023; & FIR No. 0034/2018 registered u/s 323/452/34 IPC at PS Ambedkar Nagar in Crl. M.C. 4189/2023 and all the proceedings emanating therefrom are quashed.

7. All the petitions along with pending applications stand disposed of.