Sanjeev Kumar & Anr. v. The State (Govt. of NCT of Delhi) & Anr.

1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 344/2018 registered at P.S. GTB Enclave under section 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act,

1861.

2. Statement of respondent no.2 has been recorded separately. Brief facts of the case are that Respondent No.2 was married to Sanjeev (petitioner no.1) on 30.11.2016 at Delhi and no child was born out of the said wedlock. The said marriage could not succeed and the parties have been living separately since September 2017. A mutual divorce petition was filed and the Decree of divorce was granted vide order dated 09.04.2019 by the learned Principal Judge, Family Court, Shahdara District, Karkardooma Courts, Delhi.

3. During divorce proceedings, the parties have entered into a settlement dated 18.12.2018 before the Delhi Mediation Centre, Karkardooma Courts, Delhi wherein it has been stated that

4. As per the settlement, petitioner no.1/husband had to pay Rs.3,00,000/in full and final settlement of the entire dispute. Respondent no.2 has Signing stated that she has already received Rs.2,00,000/- and remaining Rs.1,00,000/- has been paid today vide cheque no. 02056[6] dated 16.11.2022 drawn on Indian Bank, Service Branch (Delhi) and she has no objection if FIR No. 344/2018 registered at P.S. GTB Enclave under section 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, 1861 and all other proceedings emanating therefrom are quashed. Respondent no.2 is duly identified by the IO.

5. The High Court is the highest court of the State and is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 CrPC also acknowledges the inherent power of the high court to secure the ends of justice. In cases where the offences are not compoundable in nature, the parties on account of an amicable settlement may invoke the inherent power under Section 482 Cr.P.C. for quashing the proceedings on the plea that continuance thereof would merely be an abuse of process of law.

6. Placing reliance on the case of Yashpal Chaudhrani and Others vs. State ( Govt. of NCT Delhi) and Another, 2019 SCC Online Del 8179, it can be stated that it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly when the same are on considerably increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings may be exercised to secure the ends of justice. Further it is also imperative to mention that the power under Section 482 should be exercised sparingly and with circumspection only when Signing the Court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of process of court or that the ends of justice require that the proceedings ought to be quashed.

7. I consider that there would be no purpose of continuing with the trial as the parties have reached on an amicable settlement and have decided to put quietus to the proceedings. It was a matrimonial dispute which has been amicably settled.

8. In view of the statement made by respondent no.2, the FIR NO. 344/2018 registered at P.S. GTB Enclave under section 498A/406/506/34 IPC and Section 4 of Dowry Prohibition Act, 1861 and all other proceedings emanating therefrom are quashed.

9. Petition stands disposed of.

DINESH KUMAR SHARMA, J DECEMBER 08, 2022 Signing