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$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6640/2023
SH SACHIN KUMAR @ BALA ….. Petitioner
Through: Mr. Subhashree Priyadarshini, Proxy
counsel.
Petitioner in person.
versus
THE STATE OF GOVT OF NCTOF DELHI ….. Respondent
Through: Mr. Digam Singh Dagar, APP and SI
Sonia Mann, PS Begumpur.
Mr. Deepak Kumar, Adv. for R-2.
R-2 in person.
% Date of Decision: 15.09.2023.
CORAM:
HON’BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A.24869/2023 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 6640/2023
1. The present petition has been filed for quashing FIR No. 0491/2018
registered under Section 498A/406/34 IPC at PS Begum Pur, Rohini,
Delhi.
2. Learned Counsel for the petitioner submits that Respondent
no.2/complainant married petitioner no.1 on 31.12.2017 in accordance
CRL.M.C. 6640/2023 Page 1 of 7
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.09.2023
16:21:08
with the Hindu Rites and Ceremonies. No child was born out the
wedlock. However, on account of temperamental differences and
mental incompatibility, the parties started living separately since
18.04.2018 and instituted multiple litigations against each other and
their respective families including the present FIR.
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 compromise deed dated
10.05.2022. As per the settlement it has been agreed between the
parties that the petitioner shall pay Rs. 3,00,000/- (Rupees Three Lakhs
Only) in full and final settlement of the entire dispute to respondent no.
2/complainant.
4. Pursuant to the settlement, a mutual divorce petition was also filed and
a decree of divorce was granted vide order dated 15.12.2022 passed by
Learned Judge, Family Courts, Rohini, Delhi. He submits that the
chargesheet, in this case, has already been filed and the matter is
pending before the Learned MM, Rohini Court, Delhi.
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 FIR No. 0491/2018
registered under Section 498A/406/34 IPC at PS Begum Pur, Rohini,
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
CRL.M.C. 6640/2023 Page 2 of 7
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.09.2023
16:21:08
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
marriage between the parties has also been dissolved by a decree of
divorce by mutual consent order/judgment dated 15.12.2022, she has
no objection if FIR No. 0491/2018 registered under Section
498A/406/34 IPC at PS Begum Pur, Rohini, Delhi and all the
proceedings emanating therefrom.
8. I have gone through the settlement which has been placed on record.
The settlement agreement provides for the following terms and
conditions:
“I. That as per the Mutual understanding between the
parties the Second Party/Husband has agreed to pay a total
amount of Rs.3,00,000/(Rupees Three Lakhs only) to the
First Party/wife as full and final settlement amount against
all claims ( permanent alimony as well as all past presentCRL.M.C. 6640/2023 Page 3 of 7
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.09.2023
16:21:08
and future claims).
2. That it is further settled between the parties that the
second party/husband shall pay the first instalment in a sum
ofRs.1,00,000/-at the time of signing of this compromise,
agreement and remaining amount in two further instalments
which is as Rs. 100,000/-at the time of recording the
statement of First Motion, Divorce by Mutual Consent and
remaining amount in a sum of Rs.1,00,000/-at the time of
recording the statement of Second Motion, Divorce by
Mutual Consent and besides that no any amount of any kind
whatsoever shall be given or taken by either parties.
3. That it is further settled between the parties that all or
any litigation/cases/complaints/proceedings/petitions
initiated by either party against the other shall be
withdrawn after recording the statement of First Motion and
prior to recording the statement of Second Motion.
4. That it is pertinent to mention here that the second
party/wife has filed/initiated following complaint/cases:- a
case of Maintenance as Mt. No …….., which is pending
before Hon’ble Court ofMs. Seema Maini PJFC, Rohini
Courts, and next date. of hearing is ……….; one application
U/S 12 of the Protection of Women from Domestic Violence
Act, bearing No. 6032/2019 before Ms. Sanya Dalal, MM,
Mahila Court, Rohini Courts, and next date of hearing is
15.07.2022.
5. That in the abovementioned D.V. Act case the Hon’ble
Court has passed an order against the second party to pay
an ad interim maintenance in a sum of Rs.5000/- per month
vide order dated 26.03.2021 and for realisation of
maintenance money in pursuance of the said order the First
party filed one execution petition bearing No.09/2022
before the court of MS. Sanya Dalal, MM, Mahila Court
and next date of hearing is 15.07.2022. The arears of
maintenance is in a sum of Rs.1,90,000/- till 10.06.2022.
CRL.M.C. 6640/2023 Page 4 of 7
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.09.2023
16:21:08
6. That the second party/wife undertakes to withdraw all the
abovementioned complaint/cases on their respective dates
as per the terms mentioned in para 4 and 5.
7. That it is pertinent to mention here that a criminal
complaint filed by the First party ensued in FIR No.
0491/2018, P.s: Begumpur, U/S 498A/406/34 IPC is
pending investigation and the First party undertakes to give
her No objection as well as co-operate with the second
party in petition for quashing of the said FIR before
Hon’ble High Court of Delhi at new Delhi. The first party
shall bear the expenses of quashing before High Court.
8. That all the claims between the parties has been settled
and it is settled between the parties that either party shall
file any suit/petition/complaint or any proceedings against
each other, for any matter m connection of present
matrimony and any suit/petition/complaint/proceeding
pending before any court or authority shall be withdrawn
after the execution of the present settlement.
9. That both the parties shall jointly and mutually, file
appropriate petition before the concerned family court for
the· dissolution of this marriage as per the present
settlement, and the petition for First Motion shall be filed
within 30 days of execution of the present settlement and
further the parties undertake to co-operate each other in
completing the proceedings for dissolution of marriage.
10. That it is agreed that henceforth both the parties shall
have no grievance claims, counter claims, disputes, issues
alleged entitlements inter se between the parties left
whatsoever against the each other and or any of their
relations, family members, associates, aids and friends, etc.
qua anything which they presently own or which they may
acquire in future via any mode.
11. That the parties to this Agreement state and assert that
CRL.M.C. 6640/2023 Page 5 of 7
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.09.2023
16:21:08
the instant settlement/compromise has been arrived at of
their own accord, free will and voluntarily in their perfect
and disposing sound state of mind and good health without
any undue influence, threat, duress, and/or external
pressure(s), coercion or collusion from any quarter.
12. That both the parties to the present Deed of Settlement
undertake to comply with all the terms and conditions and
fulfil their respective obligations and perform their part of
the promise.
13.The parties further agree that the terms of the present
settlement agreement is binding on both the parties and
each party acknowledging that they are aware with and
understanding the consequences, penal as well as civil for
violating the terms of present settlement after its execution.
14.That it is agreed that In case either of the parties
breached their respective promises/obligations of Deed of
present Settlement then the other party shall have right and
entitled to take appropriate legal action against the opposite
party including recovery / dues· of amount so paid/payable
with interest or can claim the specific perfonrn.mce of the
same from the Court of Law having competent jurisdiction.”
9. 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.
10. In view of the above, FIR No. 0491/2018 registered under Section
498A/406/34 IPC at PS Begum Pur, Rohini, Delhi and all the other
proceedings emanating therefrom are quashed.
CRL.M.C. 6640/2023 Page 6 of 7
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.09.2023
16:21:08
11. The present petition along with all the pending applications stands
disposed of.
DINESH KUMAR SHARMA, J
SEPTEMBER 15, 2023/AR
CRL.M.C. 6640/2023 Page 7 of 7
Signature Not Verified
Digitally Signed
By:PALLAVI VERMA
Signing Date:20.09.2023
16:21:08