Matrimonial disputes should be put to quietus if the parties have arrived upon a genuine settlement.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed seeking quashing of case FIR No. 388/2018 dated 02.11.2018 registered under Sections 498A/406/34 IPC at PS Dwarka North, Delhi. 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 04.01.2017 as per Muslim rites and customs. No child was born out of the wedlock. Thereafter owing to temperamental differences both the parties started residing separately since 15.08.2017. Several efforts were made to reconcile the parties, however the same did not fructify. Consequently, the present FIR was lodged by the respondent No. 2 against the petitioners herein. Respondent No.2 also filed a complaint under the DV Act bearing MC No. 488/2018 titled Saira vs Akram Ali against the petitioner No.1.

3. Ld. Counsel for the petitioners submits that however, now the parties have amicably settled all their disputes in terms of the settlement agreement dated 30.10.2021 on the following terms and conditions.

"1. It has been agreed and settled between the parties that the first party shall pay a sum of Rs.3,60,000/- (Three lac sixty thousand) to the second party as full and final settlement amount qua all her claims (past, present and future) arising out of the said marriage on account of permanent alimony, Ishtridhan, dowry articles, maintenance, Mehar and miscellaneous expenses and all other claims in three installments.

2. It has been agreed and settled between the parties that the first party shall pay first installment of Rs.50,000/- (Fifty thousand) to the second party by way of demand draft at the time of signing this settlement agreement.

3. It has been agreed and settled between the parties that the first party shall pay second installment of Rs. l,00,000/- (One lac) to the second party at the time of recording of the statement for withdrawal of the case titled as Saira versus Akram Ali & Ors. pending in the Court of Ms. Richa Manchanda, M.M., Dwarka Courts, Delhi, out of which Rs.50,000/- (Fifty thousand) will be paid in cash and Rs.50,000/- (Fifty thousand) by way of demand draft.

4. It has been agreed and settled between the parties that the first party shall pay third/last installment of Rs.2,10,000/- (Two lac ten thousand) to the second party by way demand draft before High Court of Delhi at the time of hearing and recording of statement of the second party for quashing of said FIR lodged by the second party against the first party and his family members.

5. It has been agreed and settled between the parties that the application for withdrawing the case titled as Saira versus Akram Ali & Ors. pending in the Court of Ms. Richa Manchanda, M.M., Dwarka Courts, Delhi shall be filed within 15 days of execution of this settlement agreement. Thereafter the parties shall take Talaq as per law within one month. Thereafter the first party shall file the petition for quashing of FIR before Hon'ble High Court of Delhi within one month.

6. It has been agreed and settled between the parties that they shall not interfere in the life of each other in future.

7. It has been agreed and settled between the parties that in case of default by the second party in signing, appearing and making statement before Hon'ble High Court of Delhi For quashing of FIR and withdrawal of the case under D.V. Act, she shall return the amount received by her from the first party to the second party alongwith interest @ 12% per annum w.e.f. the date of receiving of the amount till actual payment and in case of default by the first party in filing petition before Hon'ble High Court of Delhi within stipulated time, he shall pay interest @ 12% per annum on the balance amount to the second party from the date of expiry of stipulated period till compliance of this settlement agreement.

8. It has been agreed and settled that aft