PRADEEP NANDRAJOG, J.

( 1 ) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR No. 16/2003 registered at P. S. Kirti Nagar under sections 498-A/406/34 IPC and the proceedings arising out of the said FIR.

( 2 ) BRIEFLY stated, the facts are that the marriage between petitioner no. 1, Sanjeev Nagpal and respondent no. 2, Sonia Nagpal was solemnized on 19. 8. 96 as per Hindu rites and ceremonies. Unfortunately, the marriage turned sour and they started living separately since June, 2001. A boy named Shrey was born to the parties.

( 3 ) A complaint dated 7. 1. 2003 was filed by the respondent no. 2 against the petitioner no. 1, his father (petitioner no. 2), mother (petitioner no. 3), sister (petitioner no. 5) and brother-in-law (petitioner no. 4 ). The complaint contained the allegations of harassment for dowry, illegal retention of istridhan etc.

( 4 ) ON the basis of the complaint FIR No. 16/03 dated 9. 1. 2003 was registered.

( 5 ) SUBSEQUENTLY, parties entered into a written agreement dated 20. 1. 03 whereby they settled the disputes between them on the terms and conditions mentioned therein. Inter alia, it was agreed that a sum of Rs. 8 lakhs was to be paid by the petitioners to the respondent no. 2 and that in consideration of same petitioner No. 1 and respondent no. 2 would obtain a decree of divorce by mutual consent and shall also seek quashing of aforesaid FIR.

( 6 ) COPY of the agreement dated 20. 1. 2003 is on record. Correctness of the same is not disputed. It reads as under:-

?agreement/compromise this Deed of Agreement is made on 20th day of January 2003, between Mrs. Sonia Nagpal W/o Sh. Sanjeev Nagpal at present residing at 7/126, Ramesh Nagar, new Delhi on the first part. AND sh. Om Prakash Nagpal S/o Late Jeevan Das R/o 17 B/d, Gandhi Nagar, jammu, India. (The real brother of the father-in-law of the first party) acting on behalf of Sh. Ram Saroop Das S/o Late Jeevan Das. That a marriage took place between the first party and Sh. Sanjeev Nagpal s/0 Sh. Ram Saroop, on 19. 8. 96 and a boy named Master Shrey, was born out of the said wedlock. But due to the differences in temperament of both the husband and wife, the marriage could not stood long and ultimately, a FIR No. 16/2003, P. S. Kirti Nagar, U/s 498-A/406/34 ipc against the husband and his family. That due to the intervention of the respectables from both the family, the dispute has been settled, and by this agreement the complainant (first party) has agreed to settle the dispute by taking 8,00,000/- rupees (Rupees eight Lacs only) from Sh. Om Parkash on behalf of the accused party, as a total amount in lump-sum, more specifically, this amount consisting of the entire istridhan, Alumony, her future maintenance etc. That out of the above said amount rupees four lacs (4,00,000/-) would be paid to her at the time of granting the bail to the accused party and rest of the amount of four lacs (4,00,000/-) would be paid to the first party at the time of divorce by mutual consent, and quashing the FIR No. 16/2003, P. S. Kirti nagar, U/s 498-A/406/34 IPC by the first party (Ms. Sonia Nagpal)That the baby boy master Shrey would be with his father, Sh. Sanjeev nagpal on his sole responsibility, however the mother Smt. Sonial Nagpal would be allowed to meet the child as and when she desires. Both the party have at set their hands before the following witnesses:-WITNESSES: FIRST PARTY sd/- SECOND PARTY?

( 7 ) IN pursuance of afore-noted agreement, a sum of Rs. 4 lakhs was paid to respondent no. 2-wife at the time when the learned Additional Sessions Judge granted the bail to the petitioners.

( 8 ) AS evident from the agreement, balance amount of Rs. 4 lakhs was to be paid in two installments of Rs. 2 lakhs each. First installment of Rs. 2 lakhs was to be paid at the time when the decree of divorce by mutual consent was obtained by the parties. Second installment of Rs. 2 lakhs was to be paid at the time when fir woul

Click Here to Read the rest of this document