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2023 Supreme(Del) 4926

DINESH KUMAR SHARMA
Anuj Mishra – Appellant
Versus
State of Delhi – Respondent


Advocates appeared:
Mr. Mohd. Shamikh and Mr. Absar Ahmad, Advocates, for the Petitioner with Petitioners in person.
Mr.Digam Singh Dagar, APP for the State with SI Tarun, PS Sonia Vihar.
Respondent no.2 in person.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed under section 482 Cr.P.C seeking quashing of FIR No.139/2018 dated 11.07.2018 registered under sections 498A/406/34 IPC at PS Sonia Vihar and the proceedings arising therefrom.

2. Briefly stated facts of the case are that the parties got married on 28.04.2017 according to Hindu rites and ceremonies. However, temperamental differences arose between the parties. Thereafter the present FIR was lodged on the statement of Respondent no.2/wife. There is no child born out of this wedlock.

3. Learned counsel submits that during the pendency of the litigation the matter between the parties was settled in Counselling Cell, Family Courrts, Karkardooma Courts on 16.02.2022.

4. The Settlement deed dated 16.02.2022 contains the following terms and conditions:

    "1. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided under section 13(B)of the Hindu Marriage Act.

    2. It is agreed between the parties that husband shall pay to the wife a sum of Rs.1,75,000/- (One Lacs Seventy Thousand) as full & final settlement (against istridhan and dowry, maintenance towards past, pre

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