Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement, and the court should ensure that the settlement is voluntary and without coercion.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed for quashing of FIR No.16/2021dated 15.01.2021,registered at PS Ranjit Nagar, Delhi, under Sections 498A/406/34 IPC.The said FIR was lodged at the instance of the respondent No. 2/wife against the petitioners herein.

2. Facts, in brief, are that the marriage between the petitioner No.1namely Ankit Ahuja and respondent No.2/complainant was solemnized on 19.01.2020 as per Hindu rites and customs in Delhi.No Child was born out of this wedlock. Thereafter owing to temperamental differences, both the parties are residing separately since 27.09.2019. Subsequently, respondent no.2/complainant lodged a complaint against the petitioners in the Crime Against Women Cell, Delhi and FIR No. 16/2021 dated 15.01.2021, registered at PS Ranjit Nagar, Delhi, under Sections 498A/406/34 IPC against the petitioners.

3. Learned counsel submits that while the proceedings were underway, with the intervention of family members and well-wishers, the matrimonial dispute, and differences between the parties were amicably settled. Attention has been drawn to the Compromise/settlement deed dated 20.11.2021 on the following terms and conditions:

"i. That the parties herein shall dissolve the marriage in an amicable manner wherein the marriage shall be dissolved by way of mutual divorce which shall be presented in Delhi since the parties to the present MOU last reside together as Husband and Wife in Delhi at A-139, Sudarshan Park, Moti Nagar, West Delhi, Delhi-110015.

ii. That with the Intervention of the Hon'ble Delhi High Court, the matter amongst the parties herein was settled for a sum of Rs. 8,50,000/- as is stated in the order dated 11th October, 2021 in the Bail Application No. 885/2021 Titled Rita Ahuia Vs. State and Other Batch Matters arising out of FIR No. 16/2021 registered at P.S. Ranjit Nagar U/s 498A/406/34/377/IPC.

iii. That the first Party shall pay a sum of Rs. 8,50,000/- as the amount of settlement on account of alimony, maintenance, Including Future Maintenance Etc which shall be paid in three installments of Rs. 3,00,000/each at the time of grant of first motion and second motion respectively before the Hon'ble Family Court, West District, Tis Hazari. It has been mutually decided that the first motion and second motion shall be presented in the Month of November and last week of January, 2022 respectively so that marriage gets dissolved before 9th February, the date of Bail Hearing of the first party and its relative before the Hon'ble Delhi High Court.

iv. That the second party shall withdraw the case titled as Dimpy Ahuja Vs. Ankit Ahuja & Others Bearing No. MC 10/2021 on the same day the second motion is granted by the Family Courts West District, The application shall be filed for withdrawal shall be filed well in advance for the day, the second motion is listed in the first week of February.

v. That the remaining amount of Rs. 2,50,000/- shall be paid at the time of quashing of FIR No. 16/2021 registered at P.S. Ranjit Nagar U/s 498A/406/34/377/IPC against the first party and its immediate family members, the second party shall cooperate in getting the same quashed and providing an NOC for the same and appearing before the Hon'ble Delhi High Court. The Petition for quashing of the FIR shall be presented in the last month of February, these intervals in the presenting of the proceedings before the Ld. Family Court and the Hon'ble Delhi High Court has been decided to provide time to the first party to arrange funds.

vi. That it has been agreed amongst the parties herein that both of them shall cooperate in adherence of all the terms and conditions and shall be present before the Hon'ble Court on both the occasions i.e. for the hearing of the First Motion as well as the Second Motion.

vii. That after the execution of the present MOU and adherence of the terms and conditions, there shall be no future claims of both the parties against each other in any manner.

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