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2018 Supreme(Del) 2136

MUKTA GUPTA
Manoj Kumar Shukla – Appellant
Versus
Govt. NCT of Delhi – Respondent


Advocates Appeared:
For the Petitioners:Ms. Bharti Sharma, Advocate
For the Respondents:Ms. Meenakshi Chauhan, A.P.P. and proxy counsel for Ms. Richa Kapoor, ASC with Insp. Vinay Tyagi, PS Crime Branch. Mr. Shashi Kumar Shukla, Advocate.

JUDGMENT :

MUKTA GUPTA, J.

1. By this petition the petitioner seeks quashing of FIR No.236/2013 under Sections 498A/406/34 IPC registered at PS Sagarpur, New Delhi and the proceedings pursuant thereto and also to declare the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘PWDV Act’) in Complaint Case No.4996596/2016 at PS Dabri as infructuous.

2. Briefly stated, the facts of the case are that the petitioner and respondent No.2 were married on 24th February, 2006 where after differences arose between them resulting in registration of the aforesaid FIR No.236/2013 by respondent No.2 against the petitioner herein. During the course of settlement the parties were referred to mediation. On 2nd September, 2015 the petitioner and respondent No.2 settled their disputes before the Delhi Mediation Centre on the following terms and conditions:

“1. The parties have agreed to go for divorce by mutual consent and shall file petition u/s 13B(1) HMA in this regard on or before 07.10.2015.

2. The petitioner Shri Manoj Kumar Shukla has agreed to pay Rs. 3,80,000/- (Rupees three lacs eighty thousand only) to the complainant Ms.Geeta Pandey as full and fi

















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