Matrimonial disputes should be put to rest if the parties have genuinely settled.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 21307/2023

Exemption allowed subject to just exceptions.

Application stands disposed of.

CRL.M.C. 5648/2023

1. Present petition has been filed under section 482 Cr.P.C. r/w Article 227 of COI seeking quashing of case FIR No. 0271/2022 dated 25.03.2022 registered under sections 498A/406/34 IPC at PS Prashant Vihar and proceedings emanating therefrom. The said FIR was lodged on the complaint of the respondent No. 2/wife.

2. Facts in brief are that the marriage between the petitioner No.1/husband and respondent No. 2/wife was solemnized on 17.07.2021 as per Hindu Rites and Customs at Delhi. No child was born out of the wedlock. Thereafter, temperamental differences started erupting between the parties. Consequently, respondent No. 2 got registered the present FIR against the petitioners herein.

3. It has been submitted that while the proceedings were underway, with the intervention of friends and family members, the parties arrived at an amicable settlement vide Compromise Deed dated 27.07.2022 on the following terms and conditions:

"1. That it has been specifically agreed between the parties that the parties have now mutually settled all their disputes, differences and claims against each other, past, present and future alimony, dowry articles, Istridhan and maintenance of First Party, and Second Party has agreed to pay a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) to the first party toward all her claims, present, past and future maintenance.

2. That is has been also agreed between the parties that Rs.7,00,000/shall be paid by the second party to the first party in the following manner:

a. Rs.1,00,000/- (Rupees One Thousand only) is being paid through by way of demand draft No.509937 dated 26.07.2022 drawn on ICICI Bank, Delhi, by the second party to the first party at the time of signing of this Compromise Deed. The said amount is acknowledged receipt by the first party vide separate Receipt.

b. Rs.2,00,000/- shall pay by the second party to the first party by way of demand draft at the time of recording of their statements under Section 13(B)(1) of HMA.

c. Further sum of Rs.2,00,000/- will be paid by way of demand draft by the second party to the first party on Second motion petition shall be paid at the time of recording of their statements under Section 13(B)(2) of HMA.

d. Remaining sum of Rs.2,00,000/- will be paid by way of demand draft by the second party to the first party at the time of quashing of FIR before Hon'ble High Court of Delhi.

2. That it has been agreed that the first party shall withdraw all the allegations leveled against the second party and his relatives as the matter stands reconciled between the parties.

3. That is agreed by the parties that they shall withdraw their respective cases i.e. HMA Petition No.94/22 by the second party, complaint u/s 125 Cr.P.C. bearing MT No.567/2021 and D.V. Petition No.2697/21 by the first party after first motion petition. First party further undertakes to provide No Objection for quashing of FIR from the Hon'ble Delhi High Court and cooperate with the second party for quashing of the said FIR no.271/22 u/s 498A/406/34 IPC PS Prashant Vihar.

4. That it is further agreed that after payment of the above said amounts, all the past, present and future claims of the first party stands settled in all respects towards the second party.

5. That it has been agreed between the parties that they will not file any case, complaint or suit against each other in any court in future.

6. That after the payment of the entire settlement amount, both the parties undertakes not to file any claim with regard to the moveable and immovable properties of the second party or of his parents/family members.

7. That it has been agreed between the parties that they will cooperate with each other in getting the decree of divorce, and both the parties undertake that they will not back out from the compromise arrived today.

8. That both the parties have signed this A