Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 584/2022 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 152/2022

1. The present petition has been filed for quashing of FIR No. 001/2021 registered under Sections 498A/406/34 IPC at PS Shastri Park, Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife.

2. Facts in brief are that the marriage between the petitioner No.1 namely Mr. Shubham Sharma and Respondent No.2/complainant was solemnized on 19.11.2018 as per Hindu Rites and Customs at Agra. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 16.11.2019. Consequently, respondent no. 2/complainant lodged a complaint, basis which, the present FIR against the petitioners herein came to be registered. It has been submitted that the matter is now pending adjudication.

3. The marriage between the parties could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 03.02.2023 by the learned Principal Judge, Family Courts, Karkardooma Courts, Delhi. With the help of family members and well-wishers the parties settled all their disputes and arrived at a settlement deed dated 24.09.2021 on the following terms and conditions:

"1. That it is hereby agreed that the Party of the First Part will pay a sum of Rupees 90 lacs (Rs.Ninety Lacs) as a settlement amount to Second Party which will be her alimony/maintenance past present and future and the Second Party hereby agrees not to claim any amounts from First Party or any of his family members in future on the receipt of the same.

2. It is hereby now agreed between the Parties that the amount of Rs.90 lacs (Rs.Ninety Lacs) as final settlement towards permanent alimony past present and future to be paid by Party of the First Part to the Party of the Second Part shall be paid as hereunder:

• Rs.10 lacs (Rupees Ten lakhs) to be paid vide cheque/cash at the time of the signing of the present MoU. The Party of the Second Part shall acknowledge receipt of the amount of Rs.10 lakhs in writing on the photocopy of the cheque which will be retained by the Party of the First Part.
• That a sum of Rs.30 lakhs (Rupees Thirty lakhs) shall be given to the party of the Second Part by the Party of the First Part at the time of recording of the statements of the First Motion under Section 13 (B) (1) of the Hindu Marriage Act.
• That the amount of Rs.30 lakhs (Rupees Thirty lakhs) shall be paid by the Party of the first Part to the party of the second part at the time of the recording of the second motion under Section 13 (B) (2) of the HMA.
• That the balance amount of Rs.20 lakhs (Rupees Twenty lakhs) shall be paid vide cheque by the Party of the First Part to the Party of the Second Part at the time of the quashing of the FIR No 0001/2021 under Sections 406/498-A/34 IPC in the High Court of Delhi at New Delhi.

3. That the first Party undertakes and assures that the sums to be paid by cheque by the Party of the First Part to the Party of the second Part would be cleared without any hindrance or obstacles and any issue arising with the clearance of the cheques would be resolved by the Party of the First Part immediately.

4. That the Party of the Second Part is in possession of all her jewellery/istriDhan/articles/clothing/household goods etc. and their remains nothing to be taken or given by the Parties and no movable articles of any nature whatsoever of each other is lying with either of the parties and no claim shall be made by either party against each other on any account whatsoever.

5. That the Parties have filed various cases against each other listed as hereunder:

a) Complaint case in CC no 635 of 2020 under the PWDV Act as filed by the Second Party pending in the court of Ms. Vijayshree Rathore, MM mahila Court, karkadoma, Delhi.

b) Transfer Petition in SLP No. 1057/2020 pending in the Supreme Court of India as