Genuine settlements in matrimonial disputes should be given importance, and the court may quash FIRs and their proceedings based on such settlements.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 20138/2022 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 5041/2022

1. The present petition has been filed for quashing of FIR No. 0245/2018 dated 04.07.2018 registered under Sections 498A/406/34 IPC at PS Moti Nagar, New Delhi. The said FIR was lodged at the complaint of the respondent No.2/wife. Chargesheet has been filed under sections 498A/406/354A/354D/34 IPC.

2. Facts in brief are that the marriage between the petitioner No.1 namely Mr. Praveen Arora and Respondent No.2/complainant was solemnized on 27.04.2015 as per Hindu Rites and Customs at Delhi. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 2017. Consequently, respondent no. 2/complainant lodged a complaint in Women Cell, Subzi Mandi against the petitioners herein. On the basis of which, the present FIR came to be registered. The respondent No.2/complainant filed an application u/s 12 Protection of Women from Domestic Violence Act, 2005 which is pending adjudication before the Ld. MM., West District, Tis Hazari Courts, Delhi.

3. Petitioner No. 1 also filed a divorce petition against the respondent No.2/complainant. However, during the pendency of aforesaid cases, the learned MM., West District, Tis Hazari Courts, Delhi, referred the matter to Delhi Mediation Centre, Tis Hazari Courts, Delhi, where both the parties amicably settled their all their disputes vide settlement agreement dated 03.12.2021 on the following terms and conditions:

"1. It is agreed between the parties that they shall dissolve their marriage by obtaining a decree of divorce by way of mutual consent court decree in the concerned court in Delhi.

2. It has been agreed between the parties that the respondent/husband Mr. Praveen Arora shall pay a total sum of Rs.12,00,000/- (Rupees twelve lacs only) along with jewellery & other articles, as per two lists annexed herewith as Annexure-A & B respectively, duly signed by both the parties to petitioner/wife Ms. Teena Arora towards full and final settlement of all her claims including istridhan, maintenance (present, past and future) and permanent alimony, marriage articles/jewellery etc.

3. It has been agreed between the parties that the above said settlement amount shall be paid by the respondent husband to petitioner/wife in the following installments, in the following manner:

(i) 1st installment of Rs.4,00,000/- (Rupees four lac only) shall be paid by way of DD in the name of petitioner/wife before the concerned Ld. Family Court Delhi at the time of recording statements of the parties in first motion petition for mutual divorce which shall be filed within one month from today. Expenses for the first motion shall be borne by the respondent/husband.

(ii) 2nd installment of Rs.4,00,000/- (Rupees four lac only) shall be paid by way of DD in the name of petitioner! wife at the time of recording of statement of the parties in second motion petition for mutual divorce which shall be filed as per law or within such time as the concerned Ld. Family Court may condoned. Expenses for the second motion shall be borne by the complainant/wife.

(iii) 3rd installment of Rs.4,00,000/- (Rupees four lac only) shall be paid by way of DD in the name of petitioner/wife at the time of recording of statement before the Horrible High Court for quashing of FIR No. 245/18. The petition for quashing of present FIR shall be moved by the respondent/husband and his family members within 30 days after passing of decree of divorce by mutual consent. The petitioner wife shall cooperate to give statement, affidavit/NOC and to do all these acts which may be required to be done before concerned Hon'ble High Court for quashing of present FIR. Expenses for the petition for quashing of FIR before Hon'ble High Court of Delhi shall be borne by the respondent/husband.

4. That the petitioner wife shall withdraw