Vishal Pachori & Ors. vs The State (NCT Of Delhi) & Anr.

DINESH KUMAR SHARMA, J. (Oral)

The present petition has been filed seeking quashing of FIR No. 0291/2020 registered at PS Tigri, Delhi under Sections 498A/406/34 IPC.

Respondent No.2/Ms.Iti Pathak has stated that she was married to Mr. Vishal Pachauri-petitioner on 21^st April, 2019 and remained together with the petitioner till 22^nd September, 2019. No child was born out of said wedlock. However, the marriage could not succeed and a mutual divorce petition was filed. The decree of divorce was granted vide order dated 2^nd November, 2022 by the learned Principal Judge, Family Court, South District, Saket, New Delhi. She has further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement agreement dated 26^th April, 2022. As per the settlement, her husband/petitioner No.1 has to pay Rs.15,00,000/- towards full and final settlement of the entire dispute and she has already been paid Rs.10,00,000/. Remaining sum of Rs.5,00,000- has been received by way of a Demand Draft bearing No.430081 dated 7^th December, 2022 drawn on Induslnd Bank. She has stated that she has no objection if FIR No. 0291/2020 registered at PS Tigri, Delhi under Sections 498A/406/34 IPC and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

IO has duly identified the petitioners as well as respondent No.2.

The High Court is conferred with the power of control and superintendence over all courts subordinate to it. Besides Articles 226 and 227, Section 482 Cr.P.C also 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 may 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.

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 considerable 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, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.

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 give quietus to the proceedings. It was a matrimonial dispute which has been amicably settled.

In view of the submissions of respondent no.2/ Ms.Iti Pathak, the case FIR No. 0291/2020 registered at PS Tigri, Delhi under Sections 498A/406/34 IPC and all the proceedings emanating therefrom are quashed.

The present petition stands disposed of.