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2023 Supreme(Del) 3520

DINESH KUMAR SHARMA
Anoop Kumar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates appeared:
Ms. Sarita Bhati, Advocate, for the Petitioner.
Mr. Hemant Mehla, APP, for State and SI Harender Kumar, PS Lahori Gate.
Ms. Anjali Chauhan, Advocate, for the Respondent-2.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--This is a petition seeking quashing of case FIR No. 122/2021 dated 22.03.2021, under Sections 498-A/406/34 IPC, registered at PS Lahori Gate and proceedings emanating therefrom. The said FIR was lodged at the complaint of the respondent No.2/wife.

2. Facts in brief are that the marriage between the petitioner No.1 and Respondent No.2/complainant was solemnized on 19.02.2009 as per Hindu Rites and Customs. One child namely Ishaank was born out of the wedlock. Thereafter differences started erupting between the parties and consequently, the respondent no. 2 lodged the present FIR against the petitioners.

3. It has been submitted that while the matter was pending, the parties arrived at an amicable settlement vide settlement agreement dated 25.11.2021 before the Counselling Cell, Family Court THC, Delhi on the following terms and conditions:

    "1. That the Petitioner and Respondent have agreed to dissolve their marriage by mutual consent in accordance with law provides u/s 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.4,00,000/- (Four lacs only) as full and final settlement (ag

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