Chandresh Kumar and Others v. The State and Another

1. The Present petition has been filed seeking quashing of FIR No.0172/2018 registered under Section 323/498A/406/506/34 IPC at PS Badarpur, Delhi.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 17.04.2014, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely, Garima. However, 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. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned MM, Mahila Court, Saket Court, New Delhi.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and Respondent No.2 is residing with his husband/petitioner no.1. In furtherance thereof they have entered into a settlement/compromise deed dated 13.07.2022 and also before Mediation Centre, Saket Courts, New Delhi on 12.07.2022, terms of which read as under:

1. That it is agreed that both the parties shall live together along with their daughter in the house of party no. 1 situated at H. No. 1475, Sec-8, Faridabad, Haryana-121006 peacefully and will not repeat any mistake as in past.

2. That all the above court cases shall be withdrawn by filing separate application/s and giving a personal statement before the court concerned for the same on the next coming date of each case wise by the complainant party concerned.

3. That both the parties are agreed to cohabit as husband and wife and shall enjoy their marriage life without any dispute in future.

4. That both of the parties further agreed to look after and care their daughter jointly for her well-being and schooling maintenance etc.

5. That both the parties have further been agreed to take care and respect to the ailing parents of the first party jointly.

4. 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. PS Badarpur, Delhi and all the proceedings emanating therefrom.

5. 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.

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 other petitions have already been withdrawn or dismissed. And since the parties has amicably settled, she has no objection FIR no. PS Badarpur, Delhi and all the proceedings emanating therefrom.

7. 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.

8. In view of the above, FIR no. No.0172/2018 registered under Section 323/498A/406/506/34 IPC at PS Badarpur, Delhi and all the proceedings emanating therefrom.

9. Petition stands disposed of.

DINESH KUMAR SHARMA, J MAY 12, 2023