Naseem Ahmed & Ors. vs State And Anr.

Dinesh Kumar Sharma, J

The present petition has been filed seeking quashing on the basis of settlement. Brief facts of the case are that an FIR was lodged on the statement of Smt.Hazra on the ground that she had been harassed for bringing more dowry. On the statement of the complainant the FIR No.79/2017 under Section 498A/34 IPC PS_Moti Nagar, West Delhi had been lodged.

However, now both the parties have submitted that they have reached on an amicable settlement. The copy of the settlement recorded has also been placed on record along with the talaqnama. The IO has duly verified the talaqnama. Learned APP for the state submits that the same is in order.

The complainant who is present in the court states that she has re-married and is now settled in her life. The complainant further states that she has voluntarily entered into a settlement with the petitioner and does not want to pursue the present petition.

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, it would be in the interest of justice to exercise power of quashing of FIR, complaint or the subsequent criminal proceedings. Further it is also imperative to mention that the power under Section 482 should be exercised sparingly and with circumspection only when 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.

In K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226 it was held as under

“….though offence punishable under Section 498-A IPC is not compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. This is, obviously, not to dilute the rigour, efficacy and purport of Section 498-A IPC, but to locate cases where the matrimonial dispute can be nipped in bud in an equitable manner….. If there is settlement, the parties will be saved from the trials and tribulations of a criminal case and that will reduce the burden on the courts which will be in the larger public interest. Obviously, the High Court will quash the complaint only if after considering all circumstances it finds the settlement to be equitable and genuine”

I consider that there would be no purpose of continuing with the trial as the parties have reached on a settlement and have decided to put quietus to the proceedings. It was a matrimonial dispute which has been amicably settled. The respondent wife has already re-married. Therefore, in order to secure the ends of justice, the FIR No.79/2017 under Section 498A/34 IPC PS Moti Nagar, West Delhi and all the other proceedings emanating therefrom are quashed.

The petition stands disposed of.