Sachin Thakur & Ors. v. State (NCT of Delhi & Anr.)

1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 423/2019 registered at PS Uttam Nagar under Section 498A/406 IPC. Signing

2. The factual matrix giving rise to the instant case is that the marriage between Petitioner no. 1 and Respondent no. 2/complainant was solemnised on 28.04.2017 as per Hindu Rites and ceremonies. No child was born out of this wedlock.

3. The parties started living separately since October 2018 due to some misunderstanding. Various litigations ensued between them including a petition on behalf of petitioner no. 1 bearing Petition no. 1554/2018 under Section 13(1) (ia) of HMA. Respondent No. 2/ complainant also got the present FIR registered, pursuant to which a chargesheet was filed.

4. Learned Counsel for the petitioners submits that during the pendency of the proceedings, the parties have resolved their disputes amicably. Petitioner no. 1 and Respondent No. 2/ complainant have entered into a mediation settlement dated 16.12.2021 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. As per the settlement, it has been agreed between the parties that petitioner no. 1 shall pay a total sum of Rs. 3,60,000/- to Respondent No.2 by way of full and final settlement of the matrimonial dispute.

5. Learned Counsel for the petitioners submits that pursuant to the mediation agreement, both the parties have filed a joint petition under Section 13 B (2) of Hindu Marriage Act, 1955 for dissolution of marriage by mutual consent before learned Principal Judge, Family Court, Central District, Tis Hazari wherein they have affirmed that they have amicably resolved, all their disputes with respect to stridhan, dowry articles, permanent alimony and maintenance - past, Signing present &future etc. as per terms and conditions mentioned in the petition which is exhibited as Ex.PX. Learned Family Court has recorded the joint statement of both the parties. The terms and conditions of the settlement agreed upon by the parties read as follows:

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6. Learned counsel submits that petitioner No. 1 and Respondent No.2/complainant have been granted decree of divorce by mutual consent vide decree dated 03.06.2022. He, further submits that since no case is pending between the parties, no purpose would be served to proceed further with the proceedings emanating from the present FIR.

7. The powers under Section 482 Cr.P.C., are of wide plenitude, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. It is pertinent that these powers have to be exercised sparingly with caution and only in the event when aforesaid the conditions laid down in the section itself are satisfied. The object behind the exercise of such power should be to do real and substantial justice for the administration of which the courts exist. The 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

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8. Recently, the Supreme court in Jasmair Singh and Another vs. State of Haryana and Another (2022) 9 SCC 73 quashed the proceedings arising out of a matrimonial dispute on the ground that the parties have buried the hatchet and decided to give quietus to the proceedings which were lodged inter se. Signing

9. I have interacted with parties that are present before this court and have duly been identified by IO. Respondent no. 2/complainant states she has settled all the disputes with petitioners voluntarily without any fear, force or coercion. She states petitioner no. 1 has duly complied with the terms of the agreement and a demand draft No.509665 revalidated date 02.02.2023 in the sum of Rs.1,00,00 (Rupees One Lakh) drawn on ICICI bank, Kamla Nagar has been handed over to her today in court.

10. Affidavit of Respondent no. 2 has also been placed on record affirming the fact that the claims and grievances of Respondent NO. 2/complainant against the petitioners in the abovementioned FIR stand settled. It also states that Respondent no. 2/ complainant does not have any objection if the FIR against the petitioners is quashed

11. Taking into account the totality of facts and circumstances of the case, FIR No. 423/2019 registered at PS Uttam Nagar under Section 498A/406 IPC and all the proceedings emanating therefrom are quashed.

12. The present petition stands disposed of.