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2023 Supreme(Del) 4909

DINESH KUMAR SHARMA
Rajiv Kumar – Appellant
Versus
State Govt. NCT of Delhi – Respondent


Advocates appeared:
Mr. Rakesh Sharma, Advocate, for the Petitioners through V/c.
Mr. Hemant Mehla, APP and SI Sanjeev Yadav, PS Palam Village.
Mr. M.S. Solanki, Advocate, for the Respondent-2 through V/c.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR no. 0365/2017 under Sections 498A/406/34 IPC registered at PS Palam Village.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 24.11.2016 in accordance with the Hindu Rites and Ceremonies and had been residing together till 27.04.2017. However, it has been submitted that, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.

3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a memorandum of understanding dated 22.09.2020. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.10,00,000/- (Ten Lakhs Only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce w

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