W.P.(CRL)/2689/2024 of AMIT KUMAR & ORS. Vs THE STATE NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2689/2024

AMIT KUMAR & ORS.

.....Petitioners

Through: Mr. Vipin Gupta , Mr. Mohit Dhama, Mr. Sourabh, Advs.(VC) Mr. Sourabh, Advs.(VC) versus

THE STATE NCT OF DELHI AND ANR

.....Respondents

Through: Mr. Sanjay Lao, SC for the State with SI Bharat Singh, PS Uttam Nagar. SI Bharat Singh, PS Uttam Nagar.

CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

13.12.2024

1.The present petition has been filed under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. seeking quashing of case FIR No. 798/2021 dated 01.11.2021 under Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom. Constitution of India r/w Section 482 Cr.P.C. seeking quashing of case FIR No. 798/2021 dated 01.11.2021 under Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom.

2.Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 12.03.2018 in accordance with the Hindu Rites and Ceremonies and no child was born out of the said wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective no.2/complainant married petitioner no.1 on 12.03.2018 in accordance with the Hindu Rites and Ceremonies and no child was born out of the said wedlock. 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.

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 settlement agreement dated 09.07.2024. proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into settlement agreement dated 09.07.2024.

4.Pursuant to the settlement, it is submitted by both parties that the marriage between them has already been dissolved on 09.07.2024 as per Hindu rites and ceremonies. marriage between them has already been dissolved on 09.07.2024 as per Hindu rites and ceremonies.

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. 798/2021 dated 01.11.2021 under Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom. since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 798/2021 dated 01.11.2021 under Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom.

6.I have gone through the settlement deed dated 09.07.2024 which has been placed on record. The settlement agreement provides for the following terms and conditions: been placed on record. The settlement agreement provides for the following terms and conditions:

This is digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.The Order is downloaded from the DHC Server on 20/12/2024 at 13:00:05

7. The total settlement amount in terms of the settlement deed dated 09.07.2024 is Rs.55,000/-. Respondent No. 2 states that she has received the entire settlement amount. 09.07.2024 is Rs.55,000/-. Respondent No. 2 states that she has received the entire settlement amount.

8.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 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) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.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 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) 5SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.

9.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 as per Hindu Rites, she has no objection if FIR No. 798/2021 dated 01.11.2021 under Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom are quashed.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 as per Hindu Rites, she has no objection if FIR No. 798/2021 dated 01.11.2021 under Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom are quashed.

10.Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an 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.

11.In view of the above, FIR No. 798/2021 dated 01.11.2021 under Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom are quashed. Section 498A/406/34 IPC registered at PS Uttam Nagar and all the other proceedings emanating therefrom are quashed.

12.The present petition along with all the pending applications stand disposed of.disposed of.

DECEMBER 13, 2024Pallavi/HT

DINESH KUMAR SHARMA, J