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2023 Supreme(Del) 4107

DINESH KUMAR SHARMA
Rajesh Kumar Sharma – Appellant
Versus
State (N. C. T. of Delhi) – Respondent


Advocates appeared:
Mr. Subodh Kumar, Advocate, for the Petitioner.
Mr. Hemant Mehla, APP, for the State with SI Sudhir Dahiya, PS Aman Vihar.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under Section 482 Cr. PC seeking quashing of case FIR No. 1224/18 dated 08.12.2018 registered under sections 489A/406/34 IPC at PS Aman Vihar. The said FIR was lodged on the complaint of respondent No.2/wife against the petitioners herein.

2. Facts in brief are that the marriage between petitioner No. 1/husband and respondent No. 2/complainant - wife was solemnized on 22.11.2009 as per Hindu rites and customs at Delhi. No child was born out of the wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 28.05.2013. Consequently, respondent No. 2/complainant filed a complaint before CAW Cell, Pitampura, Delhi which culminated into the present case against the petitioners herein. Chargesheet is stated to have been filed and the matter is pending adjudication before the learned MM, Rohini Courts, Delhi.

3. While the proceedings were underway, the parties entered into a settlement on 22.03.2022 before the Delhi Mediation Centre, Rohini Districts, Courts, Delhi on the following terms and conditions:

    "1) It is mutually settled between the parties that complainant

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