Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and provisions of the Hindu Marriage Act, 1955, allow for divorce by mutual consent.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No. 154/2019 registered under Sections 498A/406/34 IPC at PS Tilak Nagar, New 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. Shashank Sharma and Respondent No.2/complainant was solemnized on 18.04.2018 as per Hindu Rites and Customs. No child was born out of this wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 05.10.2018. 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 Chargesheet has been filed and the matter is pending adjudication before the Ld. MM. West District, Tis Hazari Courts, Delhi.

3. The marriage between the parties could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 20.07.2022 by the learned Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi. With the help of family members and well-wishers the parties settled all their disputes and arrived at a settlement deed dated 26.04.2022 before the Delhi High Court Mediation and Conciliation Centre on the following terms and conditions:

"1) That both the parties have agreed to dissolve their marriage by a decree of divorce by mutual consent in accordance with the provisions of section 13 B (1) and 13 B (2) of the Hindu Marriage Act, 1955. The parties have also agreed to file the joint petition for obtaining the decree of divorce by mutual consent before the appropriate Family Court/Court having its territorial jurisdiction to grant Divorce.

2) Both the parties have agreed to file the first motion for divorce by mutual consent under section 13B (1) of the Hindu Marriage Act, 1955 on or before 04.05.2022.

3) First Party and the Second Party shall file a joint application for waiving of statuary period of six months within 45 days from the date of the filing of joint petition under Section 13-B(1) of the Hindu Marriage Act in terms of the judgment of Hon'ble Supreme Court in case of AMARJEETSINGH VSHARLEENKAUR and file/cause second motion under Section 13-B(2) of the Hindu Marriage Act for dissolution of their marriage.

4) Should the Judge, Family Court, not waive the statutory period of six months, the First Party and the Second Party shall jointly make a motion under Section 13-B (2) of the Hindu Marriage Act (Second Motion) within 7 days from the expiration of the statutory period of six months before the concerned Family Court, in case the waiving of statutory period of six months is not granted by the Family Court.

5) That the First Party undertakes to pay a total sum of Rs.28,00,000/- (Rupees Twenty Eight Lakhs Only) to the Second Party as alimony (past, present and future) and maintenance (past, present and future) in the manner stated herein below:

(a) Rs.10,00,000/- (Rupees Ten Lakhs Only) shall be paid by the First Party to the Second Party by way of a Demand Draft at the time of recording of statement of first motion petition under Section 13B (1) HMA before the concerned Family Court.

(b) Rs.12,00,000/- (Rupees Twelve Lakhs Only) shall be paid by the First Party to the Second Party by way of a Demand Draft at the time of recording of statement of second motion petition under Section 13B(2) HMA before the concerned Family Court.

(c) Rs.6,00,000/- (Rupees Six Lakhs Only) shall be paid by the First Party to the Second Party by way of a Demand Draft at the time of quashing of the above said FIR bearing No. 154/2019 dated 25.03.2019 u/s 498A/406/354/377/34 IPC registered at Police Station Tilak Nagar, West Delhi against the First Party and his family members (In-Laws) and the same shall be filed within a month of the allowing of the second motion petition.

6) It is agreed that the Second Party shall withdraw the application un