The voluntary nature of an amicable settlement, absence of coercion, and the interest of justice are crucial in deciding to quash proceedings arising from a settled matrimonial dispute.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 24963/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 6670/2023 & CRL.M.A. 24788/2023

1. The present petition has been filed seeking quashing of Complaint Cases bearing No. Complaint Case No. 0005136/2017 and Complaint Case No. 15784/2017 which are pending before the LD. ACMM-02, New Delhi District, Patiala House Courts, New Delhi.

2. It has been submitted that the said complaints arose out of a matrimonial dispute which was settled by a settlement deed dated 24.11.2018 before the Counselling Cell, Saket Court, Delhi.

3. It has further been submitted that in terms of the settlement respondent No.2 had to pay Rs. 80 Lakhs out of which Rs. 40 Lakhs have been paid. However, now the petitioner No.1 who is appearing through VC states that she forgoes the remaining amount of Rs. 40 Lakhs and will not stake any claim over it. The attorney of petitioner No. 1 i.e., her father is also present in court and affirms the same.

4. The affidavits of the attorney of petitioner no. 1 and the petitioner no. 2 and 3 are on record. The affidavit of respondent No.2 is also on record.

5. Petitioner No. 1 submits that she has entered the settlement voluntarily without any fear, force, or coercion. She submits that other petitions have been withdrawn/dismissed and/or are to be withdrawn/dismissed on the next date of hearing as agreed between the parties. Since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 07.05.2019, Respondent No. 2 who is present in court today states that he has no objection if Complaint Cases bearing No. Complaint Case No. 0005136/2017 and Complaint Case No. 15784/2017 which are pending before the LD. ACMM-02, New Delhi District, Patiala House Courts, New Delhi are quashed.

6. The details of other litigations between the parties which are to be withdrawn are as follows:

A. TO BE WITHDRAWN BY THE RESPONDENT NO.2,

1.Complaint Case No. 27/2023:

Harihara Ravi Iyer Vs PV Venugopal & Others

Ms. T. Priyadarshini, Ld. A.C.M.M., South-District, Saket Courts, New Delhi

NDOH: 17.10.2023

2. RCA No. 22/2020

Harihara Ravi Iyer Vs Jaya Venugopal & Other

Ld. Additional District Judge-04, South District, Saket Courts, New Delhi

NDOH 22.08.2023,

3. CS No. 22/2022

Harihara Ravi Iyer Vs Jaya Venugopal & Others

Ms. Shunali Gupta, Ld. Family Judge - 02, Family Court, South District, Saket Courts, New Delhi

NDOH 06.10.2023

B. TO BE WITHDRAWN BY THE PETITIONERS,:

1. Criminal Complainant DD No.: 54B Dated 16.09.2019

P.S. Malviya Nagar:

Filed by Petitioner no.03 against Respondent no.02 and subsequent Police complaint to DCP vide DY No. 2474 dated 08.07.2022.

2.W. P. (Crl) No. 3149/2019

Jaya Venugopal Through GPA Holder PV Venugopal Versus State and Another

High Court of Delhi, New Delhi

NDOH 30.10.2023

3.Cont. Cas. (C) No. 820/2022

Jaya Venugopal Through GPA Holder PV Venugopal Versus Harihara Ravi lyer

High Court of Delhi, New Delhi

NDOH 10.10.2023

7. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash Complaint Cases bearing No. Complaint Case No. 0005136/2017 and Complaint Case No. 15784/2017 which are pending before the LD. ACMM-02, New Delhi District, Patiala House Courts, New Delhi.

8. I have gone through the settlement deed dated 24.11.2018 which has been placed on record. The settlement agreement provides for the following terms and conditions:

"1. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law as provided under section 13B of the Hindu Marriage Act, 1955.

2. It is agreed between the parties that husband shall pay to the wife u sum of Rs.80 Lacs (Rupees Eighty Lacs Only) as full & final settlement amount (against istridhan, dowry and maintenance towards past, present and future and rights in all immoveable