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Judgment
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.A. 15853/2023
Exemption allowed subject to just exceptions.
CRL.M.C. 4227/2023
The present petition has been filed under section 482 Cr.P,C seeking quashing of case FIR No. 99/2022 dated 07.07.2022 under Sections 498A/324/34 IPC registered at PS Palam Village, New Delhi.
Respondent no.2 states that she has been residing with her husband (Anish Ahmad Seifi) for the last one year and now there is no dispute between them.
Chargesheet has also been filed under section 498a/323/34 IPC
Respondent No. 2 states that she is residing voluntarily at her maternal house and does not want to pursue the present petition, she has no objection Since the parties are residing together and have settled the matter, she has no objection dated 07.07.2022 FIR No. 99/2022 under section 498A/323/34 IPC
Section 482 CrPC 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 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.
It has repeatedly been held by the Apex Court that in the matrimonial disputes, if the parties have settled the matter between themselves amicably, it is the duty of Courts to encourage the same. Reliance can be placed on B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another; 2019 SCC OnLine Del 8179.
I consider that there would be no purpose of continuing with the trial as the parties have entered into the settlement voluntarily without any fear, force and coercion, and have decided to put quietus to the proceedings. It was a matrimonial dispute which has been amicably settled and thus the parties must be given a chance to live together peacefully.
In view of the submissions made, the present FIR No. 99/2022 under Sections 498A/323/34 IPC registered at PS Palam Village, New Delhi. is quashed.
The present petition stand disposed of.