JUDGMENT

Mukta gupta, J. (Oral)--By this petition the petitioner seeks quashing of FIR No.236/2013 under Sections 498A/406/34 IPC registered at PS Sagarpur, New Delhi and the proceedings pursuant thereto and also to declare the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short `PWDV Act') in Complaint Case No.4996596/2016 at PS Dabri as infructuous.

2. Briefly stated, the facts of the case are that the petitioner and respondent No.2 were married on 24th February, 2006 whereafter differences arose between them resulting in registration of the aforesaid FIR No.236/2013 by respondent No.2 against the petitioner herein. During the course of settlement the parties were referred to mediation. On 2nd September, 2015 the petitioner and respondent No.2 settled their disputes before the Delhi Mediation Centre on the following terms and conditions:

"1. The parties have agreed to go for divorce by mutual consent and shall file petition u/s 13B(1) HMA in this regard on or before 07.10.2015.

2. The petitioner Shri Manoj Kumar Shukla has agreed to pay Rs.3,80,000/- (Rupees three lacs eighty thousand only) to the complainant Ms.Geeta Pandey as full and final settlement towards stridhan, past, present and future alimony and maintenance for the complainant and the child Master Akshat.

3. The petitioner Shri Manoj Kumar Shukla shall pay Rs.1,00,000/- by way of DD/cash out of Rs.3,80,000/- to the complainant Ms.Geeta Pandey at the time of recording of the statement in the first motion of divorce petition by mutual consent.

4. The parties shall file petition for second motion for divorce by mutual consent within two months of the expiry of six months from the date of order in the first motion petition.

5. The petitioner Shri Manoj Kumar Shukla shall hand over to the complainant an FDR in the name of minor child Master Akshat For Rs.1,40,000/- out of settlement amount of Rs.3,80,000/- at the time of recording of the statement in the second motion of the divorce petition.

6. The complainant Ms.Geeta Pandey shall withdraw her petition u/s 12 of DV Act pending before Ms.Charu Gupta, MM, Dwarka, Delhi immediately after recording of statement in the second motion of the divorce petition.

7. It is further agreed that the parties shall go for quashing proceedings arising out of FIR No.236/2013 u/s 498A/406/34 IPC PS Sagarpur, New Delhi registered on the complaint of the complainant Ms.Geeta Pandey who shall cooperate in quashing of the FIR.

8. That the remaining settlement amount of Rs.1,40,000/- shall be paid by the petitioner Manoj Kumar Shukla by way of DD/cash to the complainant Ms.Geeta Pandey at the time of quashing of FIR.

9. That the complainant Ms.Geeta Pandey shall take the custody of child namely Master Akshat. However, the petitioner Shri Manoj Kumar Shukla shall have visitation rights. The petitioner shall meet the child once in every month on 2nd Saturday at a mutually decided place and time.

10. That it is further agreed by the parties that after receiving full and final payment of Rs.3,80,000/-, the parties shall not have any claim of any sort against each other or their family members."

3. Pursuant to the said settlement, statement of petitioner No.1 and respondent No.2 were recorded for divorce by mutual consent and the petitioner paid a sum of Rs.1,00,000/- out of a total sum of Rs.3,80,000/- to the respondent No.2 as agreed between the parties. However, before the statement for second motion for divorce by mutual consent could be recorded between the parties, respondent No.2 did not extend her cooperation for the quashing of FIR and recording of statement for second motion for divorce by mutual consent. The respondent No.2 did not receive the balance amount of Rs.2,80,000/- and did not withdraw her complaint under Section 12 of the PWDV Act.

4. When the present petition came up before this Court on 18th April, 2018, respondent No.2 was present in Court. She stated that on a re-thin