The main legal point established is that in matrimonial disputes, genuine settlements should be given importance, and if the parties have amicably resolved their disputes, the cases should be put to rest.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed under section 482 CrPC seeking quashing of case FIR No. 119/2015 dated 13.02.2015 registered under Sections 498A/406/34 IPC at PS Paschim Vihar. The said FIR was lodged on the complaint of respondent No.2/wife against the petitioners.

2. Facts in brief are that the marriage between the petitioner No.1/husband and Respondent No.2/complainant - wife was solemnized on 19.01.2008 as per Hindu Rites and Customs. One child namely Malank Sharma was born out of the wedlock. Thereafter owing to temperamental differences, both the parties started residing separately since 01.12.2013.

3. Consequently, the respondent No. 2 got registered the present FIR against the petitioners. Chargesheet is stated to have been filed and the matter is pending trial before the Ld. MM, THC, Delhi in Crl. Case No. 14/2017. In addition to the present FIR, respondent No. 2 also filed a maintenance petition u/s 125 CrPC bearing Mt. Case No. 743/2018 which is pending adjudication before the Ld. PJFC, THC, Delhi.

4. Ld. counsel submits that while the above said maintenance petition was pending, the parties were referred to the Counselling Cell, Family Courts, THC, Delhi, whereby, with the intervention of family and friends, the parties amicably settled all their disputes vide settlement agreement dated 26.02.2022 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. Thirty-Four Lacs and Articles (list enclosed) 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 husband will pay Rs. Eight Lacs only and articles (list enclose) to the wife at the time of recording of the statement of first motion by the way of DD/Pa Order. This amount is for the welfare of the child.

4. It is further agreed between the parties that the husband will pay Rs. Twelve lacs only to the wife at the time recording of the statement of second motion by way of DD/Pay Order. FDR in the name of minor child and nominee will be the mother. She can use interest for the welfare of the child. FDR is for the period till the child attains the age of majority.

5. It is agreed between the parties that the first motion petition shall be filed on or 28th MAR 2022 and second petition be filed soon after the completion of the period of the statutory period of the order u/s 13B (1) of HMA.

6. It is further agreed between the parties that the respondent shall pay Rs. Fourteen Lacs to the petitioners at the time of recording of statement in quashing of FIR No.119/15 under section 498(A), 406, 34 P.S. Paschim Vihar in Hon'ble High Court of Delhi within Two Months after second motion and petitioner shall cooperate and sign all the necessary affidavit and do the needful in quashing of the FIR. If petitioner refused after dispatch of articles she will bear the transport expenses of both side.

7. There is/are one child namely Malank, 13 yrs. From this wedlock who is/are living with the petitioner. It is agreed between parties that custody will be with petitioner. The respondent will have visitation right on every Fourth Sunday of the month and time and place as convenient to both the parties.

8. It is further agreed between the parties that the petitioner/respondent will withdraw the case which is pending in the court of Ms. Renu Bhatnagar, Ld. Principle Judge, Family Court (West), Tis Hazari, Delhi case-125 Cr.P.C.

9. It is agreed between the parties that they have understood the terms and conditions of the settlement.

10. It is further agreed between the parties that they shall remain bound with the aforesaid terms and conditions and mentioned in the se