In matrimonial matters, amicable settlement and dissolution of marriage as per personal law can lead to quashing of FIR and consequent proceedings.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. Present petition has been filed seeking quashing of FIR No. 0511/2018 dated 29.11.2018 under Sections 498A/406/34 IPC registered at PS Jamia Nagar. The said FIR was lodged at the instance of respondent No.2/complainant.

2. Facts in brief are that the marriage between Petitioner no. 1 and respondent no. 2/complainant was solemnized on 18.04.2014 as per Muslim rites and rituals. No child was born out of this wedlock. Thereafter owing to temperamental differences the respondent No.2/complainant left her matrimonial house and started living at her parental house from 20.05.2017. Several efforts were made to reconcile the parties, however the same did not fructify. Consequently, respondent no. 2/complainant lodged a complaint against the petitioners herein, basis which, the present FIR came to be registered.

3. It has been submitted that thereafter, the petitioner No. 1 has pronounced divorce/khula to the respondent No.2/complainant on three different occasions i.e. on 15.12.2021, 20.02.2022 & 26.03.2022 and the same have been accepted by the respondent No.2/complainant. It has been submitted that further, the petitioner No. 1 pronounced talak thrice orally on 14.04.2022 in the presence of witnesses and a separate divorce deed/khulanama/talaqnama has been executed between the petitioner No.1 and respondent No.2 on 14.04.2022.

4. Thereafter with the intervention of family members and well-wishers, the matter was amicably resolved between both the parties vide Settlement deed dated 14.04.2022 on the following terms and conditions:

"1. That the first party/husband namely Aaftab Siddiqui S/o Zameel Siddiqui has pronounced divorce/khula to the second party/wife Shagufta D/o Jameel Ahmed W/o Aaftab Siddiqui on three different sittings on 15.12.2021, 20.02.2022 and 14.04.2022 on the request/asking of the second party and the second party/wife has accepted, admitted and acknowledged the factum of said divorce and as such the marriage between the parties stands dissolved forthwith.

2. That as measure of abundant precaution and to obviate the possibility of objection from the society, the first party/husband has pronounced talak thrice orally on 26.03.2022 in presence of following witnesses and a separate divorce deed/khulanama has been executed between the parties.

3. That the first party/husband has agreed to pay a sum of Rs. 2,50,000/- to the second party/wife including the Mehar silver as aforesaid and the second party/wife, has foregone/given up all her claims towards past, present and future maintenance from the first party/husband as the divorce has been pronounced by way of Khula.

4. That it has been agreed between the parties that they shall not file any case civil or criminal against each other before Police, court of law or any other authority. The second party/wife shall not file any case, suit, petition seeking maintenance or for any other claim against the husband.

5. That it is also settled between the parties that after the talaknama, the second party shall withdraw her domestic violence petition filed against the first party.

6. That it is also settled between parties that after the the talaknama, the second party shall cooperate the first party for quashing of the FIR NO. 511/2018 and to give affidavit/NOC and appear before the Hon'ble High Court of Delhi.

7. That it is settled between the parties that the second party shall withdraw her case Under section 12 of Domestic Violence Act against the first party as well as other family members of the first party and the said case is still pending before the Ms. Archna Beniwal, Ld. MM, Mahila Courts, Saket, New Delhi.

8. That the parties hereby admit and undertake that they have reached to the conclusion of dissolving their marriage with their free will, volition, without any force, fraud or threat or coercion of any nature, having understood the nature of their decision, and its consequences.

9. That it has been agreed between parties tha