JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 18365/2023 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 4808/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of case FIR No. 571/2019 registered at PS New Ashok Nagar under Sections IPC 498A/406/506/34 IPC on the basis of settlement.

2. Briefly stated facts of the case are that the petitioner No.1/Husband got married to respondent No.2/Wife on 05.02.2018 according to Hindu Rites, Customs and Ceremony. However, certain temperamental differences and disputes arose between the parties due to which the parties started living separately since 16.06.2019. Out of this wedlock, there is one male child namely Pranav Biswas born on 31.12.2018.

3. Learned Counsel for the petitioner submits that during the pendency of the proceedings the parties have reached at an amicable settlement vide Settlement/Compromise dated 13.03.2023 arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi with the following terms and conditions:

i. It is agreed by the wife and the husband that there is no possibility of reunion due to irreconcilable differences and as such, they have decided to separate their ways and go dissolution of their marriage by mutual consent in accordance with law as provided under section 13B of Hindu Marriage Act, 1955.

ii. It is agreed between the wife and the husband that they shall file the first motion petition under section 13B(1) of Hindu Marriage Act for dissolution of marriage by way of mutual consent on or before 31.03.2023 and the expenses for the same shall be borne by the parties.

iii. It is further agreed between the wife and the husband that second motion petition under section 13B(2) of the Hindu Marriage Act shall be filed at the expiry of statutory period of six months from the date of disposal of the petition under Section 13B(1) of the Hindu Marriage Act. However, the parties are at liberty to move appropriate application for waiver of mandatory period of six months, if they so desire.

iv. It is further agreed between the parties that the husband shall pay an amount of Rs.3,00,000/- (Rs. Three Lakhs only) to the wife towards full and final settlement of all her matrimonial disputes including maintenance (past, present and future), permanent alimony. jewellery, istridhan. compensation etc. and the wife undertakes not to put forth any further claim towards the same in future at any stage.

v. It is agreed between the parties that the husband shall pay the above-said settled amount to the wife by way of DD in the name of 'Jyoti Mandal' as per the following schedule:

S.No.	Amount	Date
1.	Rs.60,000/- (Rs. Sixty Thousand only)	At the time of recording of statement of the parties in the first motion petition under Section 13-B(1) of Hindu Marriage Act.
2.	Rs. 1,30,000/- (Rs. One Lakh Thirty Thousand only)	At the time of recording of statement of the parties in the second motion petition under section 13-B(2) of Hindu Marriage Act.
3.	Rs.1,10,000/- (Rs. One Lakh Ten Thousand only)	At the time of quashing of the FIR before Hon'ble High Court

P>vi. It is agreed between the parties that the custody of master Pranav Biswas shall remain with his mother/the wife and the husband shall not claim custody of the child and/or visitation rights at any stage.

vii. It has been further agreed between the parties that the minor child would be free to have recourse to the provisions of law for seeking appropriate relief from the Court in relation to the aspect of maintenance, education and up-bringing etc in terms of the pronouncement of judgment of the Hon'ble High Court in the case titled "Rakesh Jain & Ors, v Sarita Gupta (Crl.Misc No.2935/2019).

viii. It is further agreed between the parties that on completion of terms agreed above, they shall not be left with any claims towards each other and shall not litigate in future against each other qua this marriage.

ix. It is further agreed that either of parties to the settle

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