The settlement agreement between the parties was found to be comprehensive, valid, and binding, and the court relied on legal precedents to support its decision to quash the FIR and other proceedings.

Manmohan, J.

1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.127/2008 registered with Police Station Kotla Mubarakpur, New Delhi under Sections 498A IPC as well as any other consequential proceedings arising therefrom.

2. The relevant facts of the present case are that on 13th February, 2006, petitioner was married to respondent No.2. On 13th May, 2008, due to disputes and differences, respondent No.2 lodged the aforesaid FIR. Subsequently, respondent No.2 also filed a complaint under Section 12 of the Domestic Violence Act and a petition under Section 125 Cr.P.C.

3. On 18th April, 2011, both parties resolved all their disputes and differences by way an agreement before the Mediation Centre, Tis Hazari Courts, Delhi. The relevant portion of the aforesaid agreement is reproduced herein below:-

“…..Now the parties have decided to dissolve their marriage by way of mutual consent on the following terms and conditions: i) That parties have agreed to dissolve their marriage by mutual consent and further agreed to move appropriate petitions under section 13 B (1) and 13 B (2) of the Hindu Marriage Act. ii) That in view of the settlement between the parties, the respondent/husband has agreed to pay a sum of Rs. 3,00,000/- (Rupees Three Lacs only) as total lump sum amount to the petitioner/wife towards istridhan, maintenance (present, past and future) dowry articles and permanent alimony etc. iii) It is further agreed between the parties that the respondent/husband will pay the first installment of Rs. 1,00,000/- by way of DD to the petitioner/wife at the time of recording of statement in a petition filed u/s. 13 B (1) of HMA. The petition for divorce with mutual consent will be filed mutually within seven days from today. iv) It is further agreed between the parties that the respondent/husband will pay the second installment of Rs. 1,50,000/- by way of DD to the petitioner/wife at the time of recording of statement in the second motion petition for divorce by mutual consent u/s. 13 B (2) HMA as per law. v) Thereafter the parties will move an application for quashing of the FIR bearing no. 127/2008 P.S. Kotla Mubarakpur, u/s. 498A/406/34 IPC before the Hon’ble High Court of Delhi and at the time of quashing the respondent/husband will pay the final installment of Rs. 50,000/- by way of DD to the petitioner/wife and the petitioner will cooperate in quashing of the FIR. vi) After recording of statement in the first motion petition for divorce by mutual consent the petitioner has agreed to withdraw the present application u/s. 12 of DV Act and maintenance execution no. 105/4/10. Both are pending before the court of Ms. Priya Mahindra, Ld. MM, Saket Courts, Delhi. vii) That after the total payment of Rs. 3,00,000/- all claims of complainant/wife will stand settled i.e. istridhan, maintenance (present, past and future). No claim left for permanent alimony, jewellery articles dowry articles etc.

viii) The parties have further agreed that they will not further litigate with each other or against their family members in respect of matrimonial dispute in any manner before any court of law as they undertake to abide by the terms of the present settlement and if any other case/complaint has been filed by both the parties against each other or their family members and relatives, it shall be deemed to have been withdrawn. The above said settlement has been arrived at between the parties out of their own free will and without any force, pressure and coercion…..” (emphasis supplied)

4. However, as respondent No.2 refused to cooperate with filing of the first motion petition, petitioner agreed to pay her an additional sum of Rs. 1,00,000/- over and above the agreed amount of Rs. 3,00,000/-.

5. In February, 2012, in pursuance to the aforesaid agreement, respondent No.2 withdrew her complaint under Section 12 of the Domestic Violence Act as well as all execution proceedings filed by her.

6. On 03rd April, 2012