The duty of courts to encourage amicable settlements in matrimonial disputes and the need for proper drafting of settlement deeds.

JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 19785/2023

Exemption allowed subject to just exceptions.

Application stands disposed of.

CRL.M.C. 5205/2023

1. The present petition has been filed under section 482 Cr.P.C seeking quashing of case FIR No. 603/2016 registered under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition act, at PS New Usmanpur, Delhi.

2. Briefly stated facts of the case are that Petitioner no.1/Husband and Respondent No.2/Wife got married on 31.01.2015 accordng to Hindu rites and ceremonies. However, Certain temperamental differences and disputes cropped up between the parties due the which the parties have been living separately since 04.12.2015. Thereafter, the present FIR was lodged at the statement of Respondent No.2.No child was born out of the wedlock.

3. Learned Counsel for the petitioner submits that during the pendency of the proceedings the parties have entered into an amicable settlement vide settlement deed dated 16.01.2020 on the following terms and conditions:

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

2. It is agreed between the parties that petitioner no.1 shall pay to the petitioner no.2 a sum of Rs.7,50,000/- as full and final settlement (against istridhan and dowry, maintenance towards past, present, and future qua this marriage) in three instalments by way of DD/pay order.

3. It is further agreed between the parties that the petitioner no.1 will pay Rs.2,50,000/- to the petitioner no.2 at the time of recording of the statement of first motion by way of DD/pay order.

4. It is further agreed between the parties that the petitioner no.1 will pay Rs.2,50,000/- to the petitioner no.2 at the time of recording ofthe statement of second motion by way of DD/pay order.

5. It is further agreed between the parties that the petitioner no. 1 shall pay Rs.2, 50,000/- to the petitioner no.2 at the time of quashing of FIR No. 603/2016 U/S 498-A/406 IPC at P.S. New Usmanpur in the Hon'ble High Court of Delhi within 60 days after second motion and the petitioner no.2 shall cooperate and sign the entire necessary affidavit and do the needful in quashing of said FIR.

6. It is further agreed between the parties that the7 first motion petition shall be filed on or before 07.03.2020 and the second motion petition shall be filed soon after the completion of the statutory period of the under section 13 B (1) of HMA.

7. It is further agreed between the parties that the petitioner no.1 will withdraw the cases under section 9 of HMA and petition under section 125 Cr.P.C for maintenance which is pending in the court of Ms. Sukhvinder Kaur, LD. Judge, Family Court KKD, Delhi at the time of first motion petition.

8. It is further agreed between the parties that they have understood the terms and condition of the settlement in vernacular.

9. It is further agreed between the parties that they shall remain bound with the aforesaid, terms and conditions as mentioned in the settlement.

10. All the matters relating to this marriage either civil or criminal are settled and neither the parties nor their relatives shall make any claim against each other in future and will note file any case/complaint against each other at any time of future in any court of law/police station etc.

11. The above settlement is with respect to all claims of wife past, present and future alimony, istridhan, maintenance, pending amount of maintenance, articles, property etc. and neither she nor her relatives shall claim anything from husband or his family members in future for herself or on behalf of children.

12. It is further agreed between the parties that if either of the parties commits breach or default of this mutually agree settlement after the first motion if petitioner no.2 back out the amount taken at the time of first motion shall be return to petitioner no. 1 with 2% interest per month and if petitioner no. 1 backs out the amount given a