Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, as established in previous judgments.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing of FIR No. 519/2015 registered at PS Jyoti Nagar, Delhi, under Sections 498A/406/34 IPC and sections 4/5 of The Dowry Prohibition Act, 1961. The said FIR was lodged at the complaint of the respondent No.2/wife.

2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 02.05.2014 as per Hindu rites and customs in Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 11.01.2015. Consequently, respondent no. 2/complainant lodged a complaint with the CAW Cell, Seema Puri Delhi, basis which the present FIR No. 519/2015 came to be registered against the Petitioners herein. Chargesheet has been filed and the matter is pending adjudication before the learned MM, Karkardooma Courts, Delhi.

3. The respondent No. 2/wife filed a petition u/s 13(1)(i-a) of HMA, 1955, for divorce bearing HMA No. 360/2017 and the marriage was dissolved by way of an ex parte decree of divorce by the learned Judge, Family Courts, Shahdara District vide order dated 12.03.2019. The same was accepted by the petitioner No.1.

4. Thereafter, the parties have settled all their disputes amicably on 17.09.2022 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, on the following terms and conditions:

"1. It is agreed between the parties that respondents shall jointly pay a total amount of RS. 6,75,000/- (Rupees Six Lakhs Seventy-Five Thousand only) to the complainant towards full and final settlement of the instant matter i.e. istridhan, maintenance (past, present, future) alongwith gift items and jewellery.

2. It is agreed between the parties that respondents shall make the payment of entire settled amount to the complainant in three installments by way cash/DD in the following manner:

(i) Rs.3,00,000/- has been paid in cash today ie. on 17.09.2022 against receipt and the receipt of the same is annexed as Annexure A.

(ii) Rs. 1,75,000% shall be paid at the time of signing of quashing petition by the complainant of the FIR and she will hand over the copy of certified copy of divorce judgment vide HMA No. 360/17 decided on 12.03.2019 by the court of the Ld Judge Family Courts, KKD to the respondent Ishwar Singh and;

(iii) Rs. 2,00,000/- shall be paid at the time of making statement for quashing of FIR before the Hon'ble High Court of Delhi by the complainant.

3. It is agreed between the parties that on receiving entire settled amount, the complainant shall cooperate with the respondents in compounding of offences u/s 406 IPC before the Court by making confirmatory statement in terms of this settlement.

4. It is further agreed between the parties that complainant shall not claim regarding maintenance petition us 125 Cr. P.C. vide CC No. 351/17 wherein amount of Rs. 6,000/- per month as maintenance has been granted vide order dated 23.08.2018 in future passed by the Ld Judge Family Court, Shahdara District, KKD Courts and thereafter the complainant had preferred the execution qua the maintenance order and she shall not revive execution petition no. 22/19 which was dismissed in default on 03.08.2022.

5. It is agreed between the parties that for quashing of FIR No. 519/15. PS Jyoti Nagar. Under Sections 498A/406/34 IPC and 4/5 DP Act. the respondents shall file a petition for quashing within 15 days from today. The complainant shall co-operate with the respondents in quashing of the said FIR.

6. The terms have been settled between the parties of their own free will, volition and consent and without there being any undue pressure. coercion. influence, misrepresentation or mistake (both of law and fact), in any form, whatsoever, and the settlement agreement has correctly recorded the said agreed terms.

7. Both the parties undertake that they will abide by and be bound by the agreed terms/stipulations of the settlement agreement and conte