DINESH KUMAR SHARMA, J. (Oral)

1. The present petition has been filed for quashing FIR no.79/2016 registered under Section 498A/406/34 at PS Anand Vihar.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 15.12.2014 in accordance with the Hindu Rites and Ceremonies. 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, Karkardooma Courts, New Delhi.

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 settlement agreement dated 10.01.2022 before the Delhi High Court Mediation and Conciliation Centre. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 23,00,000/- 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 27.07.2022 passed Learned Principal Judge, Family Courts, Shahdara, Karkardooma Courts, 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.79/2016 registered under Section 498A/406/34 at PS Anand Vihar 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 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 [LQ/SC/2003/383] ; K. Srinivas Rao v. D.A.Deepa, (2013) 5 SCC 226 [LQ/SC/2013/228] ; 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 27.07.2022, she has no objection if FIR no.79/2016 registered under Section 498A/406/34 at PS Anand Vihar and all the proceedings emanating therefrom.

8. The details of other litigations between the parties are as follows:

"(i) HMA No.49039/2016 titled 'Shivani Arora v/s Varun Nagpal

(ii) Ct. CaseNo.666/16 titled Shivani Arora v/s Varun Nagpal

(iii) DV Complaint case filed respondent no.2 bearing Ct. Case No.10252/2016

(iv) FIR No.79/2020 under Sections 498A/406/34 IPC, P.S.Anand Vihar, Delhi lodged at the instance of respondent no.2.

(v) Criminal Case bearing Regn. No.5499/2016 dated 28.11.2016 under Sections 417/420/379/120B IPC.

(vi) Criminal Writ Petition No.931/2017 for quashing of Criminal Case bearing Regn. No.5499/2016 dated 28.11.2016

(vii) Crl. M.C. No.1389/20 titled Varun Nagpal v/s Shivani Arora

(viii) Crl. M.C. No.253/20 titled Shivani Arora v/s Varun Nagpal

(ix) Bail Application No.1133/2017 seeking bail in FIR No.79/2020 under Sections 498A/406/34 IPC, P.S.Anand Vihar."

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

"1. The first party proposed to pay Rs.23 Lakhs, as and by way of full and final settlement amount towards the claims of second party, of every hue and descriptions, staggered in instalment, which includes her statutory claims, as well and the same has been accepted by the second party and moreover, the parties have decided to give a decent quietus to their ongoing litigations which are pending adjudication before courts.

2. That the parties will seek dissolution of their marriage by obtaining a Decree of Divorce by way of Mutual Consent, as per the provision of Section 13 (B) and 13 B (2) of the Hindu Marriage Act. The First Motion Petition under Section 13 B (1) of the Hindu Marriage Act, 195 will be filed before the Court of Competent Jurisdiction within 7 working days of signing of the present settlement.

i. An amount of Rs.5,00,000 (Rupees Five Lakhs Only) shall be paid to the second party by way of NEFT/RTGS/Demand Draft, by the First Party, at the time or recording of statement of the Parties in the court, during First Motion, i.e. in the proceedings arising under Section 13 (B) (1) of the Hindu Marriage Act, 1955.

ii. An amount of Ra.5,00,000/- (Rupees Five Lakhs Only) shall be paid to the Second Party by way of NEFT/RTGS/Demand Draft, by the First Party, at the time of recording of statement of the Parties in the Court, during Second Motion, i.e, in the proceedings arising under Section 13 (B) (2) of the Hindu Marriage Act, 1955. It is hereby agreed that the Second Motion, under Section 13 (B) (2), would be filed within Fifteen (15) days from the date of the Order, passed in the First Motion, with supporting Application, if any, inter alia seeking dispensation of "Cooling off Period" of six months.

iii. An amount of Rs.13,00,000/- (Rupees Thirteen Lakhs Only)shall be paid to the Second Party by way of Bank Draft, by the First Party, before the Hon'ble High Court of Delhi inthe proceedings seeking quashing of FIR, bearing No.79dated 09.02.2020,registered under Section 498A/406/34 IPC, at P.S. Anand Vihar, Delhi. The Second Party agrees to provide an affidavit/No Objection in support of the quashing of the said FIR having settled all her disputes in terms of the present Agreement, The Second Party shall also make herself available to record her statement in furtherance to the quashing of the said FIR, as and when the said quashing petition is listed before the Hon'ble High Court either virtually or physically, as the case may be. The First Party will initiate appropriate proceedings before the Hon'ble High Court of Delhi within Fifteen (15) days from the date of the Order passed in the proceedings under Section 13(B)(2) ofHMA thereby dissolving their marriage through Mutual consent.

3. That the Second Party agrees that, pursuant to receipt of the settlement amount of Rs.23,00,000/- Rupeess Twenty Three Lakhs Only), in the manner agreed upon, she will have no claim, of whatsoever nature, including but not limited to her jewellery articles / stridhan, valuables, maintenance - past, present and future, permanent alimony, marriage expenses etc.

4. That the First Party agrees to initiate suitable Proceedings inter alia seeking withdrawal of cases, initiated by him and more particularly mentioned at serial No.(v) and (vii), in the preamble of the present Agreement, by filing appropriate Applications, within ten (10) working days from the date of the Order, passed in the First Motion, in view of the Settlement, having been arrived at between the parties.

5. That the Second Party will have no objection if the Bail Application No.1133/2017, filed by the First Party, before the Hon’ble High Court of Delhi, is allowed in terms of the Settlement.

6. That the Second Party agrees to initiate suitable proceedings inter alia seeking withdrawal of cases, initiated by her and more particularly mentioned at serial No.(i) to (iii), (vi) and (viii), in the preamble of the present Agreement within ten (10) working days from the date of the Order, passed in the First Motion, by filing appropriate Application, in view of Settlement, having been arrived at between the parties.

7. That it is agreed that both the parties will share the Orders, passed by the respective Courts on their respective Applications, seeking withdrawal of their respective cases, at the time of recording of their Statement in Second Motion and not later than at the time of recording of their Statement before the Hon'ble High Court of Delhi, in the proceedings relating to quashing of the FIR.

8. That both the Parties agree that pursuant to the grant of Decree of divorce by mutual consent, in terms of the Settlement they will ensure and guarantee that the privacy of neither of the parties or their family members is infringed nor they are dragged in frivolous litigation, arising out of their marriage.

9. That the First Party and Second party agree to appear in person and/or through video conference (as the case may be) before the concerned Court on the date fixed to make their statements in support of the petitions under Section 13 B (1) and 13 B (2) of the Hindu Marriage Act, 1955 as well as in the quashing petition."

10. 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.

11. In view of the above, FIR no.79/2016 registered under Section 498A/406/34 at PS Anand Vihar and all the other proceedings emanating therefrom are quashed.

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