J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 16007/2023 Exemption allowed subject to just exceptions.

CRL.M.C. 4266/2023

1. The present petition has been filed seeking quashing of case FIR No. 165/2021 registered under Sections 498A/406/34 IPC registered at PS Khyala.

2. Learned counsel submits that the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 25.02. 2018 in accordance with the Hindu Rites and Ceremonies. However, it has been submitted that on account of temperamental differences and mental incompatibility, the parties started living separately on 25.06.2019. They instituted multiple litigations against each other and their respective families including the present FIR.

3. Learned Counsel that during the pendency of the proceedings, the parties have resolved their disputes amicably and in furtherance thereof they have entered into a settlement agreement dated 02.07.2022. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs 5,50,000/— in full and final settlement of the entire dispute to respondent no. 2/complainant. Pursuant to the settlement, a mutual consent divorce petition was filed and the same was allowed vide decree and judgement dated 30.11.2022 passed by Learned Judge, Family Court, Tis Hazari Courts.

4. Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably, it would be in the interest of justice to quashFIR No. 165/2021 registered under Sections 498A/406/34 IPC registered at PS Khyala and all the other consequential proceedings.

5. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She submits thatRs. 2,00,000/- (Rs. Two Lakh Only) by of DD No. 196604 dated 26.04.2023 in the name of Neha drawn from Punjab National Bank has been handed over in court today. Respondent no. 2 submits that the remaining amount has already been paid and since the terms of the settlement have been complied with and the marriage between the parties already stands dissolved, she has no objection if FIR No. 165/2021 registered under Sections 498A/406/34 IPC registered at PS Khyala. A no-objection certificate of Respondent No. 2 has also been placed on record.

6. I have gone through the settlement agreement which has been placed on record. The settlement agreement provides for the following terms and conditions

1. That the petitioner and respondents have agreed to dissolve their marriage by mutual Consent in accordance with law provides u/s 13(B) of Hindu Marriage Act.

2. It is agreed between the parties that husband shall pay to the wife a sum of Rs. 5,50,000/-(five lacs Fifty Thousand) as full and final settlement (against istridhan and dowry, maintainence towards past, present and future qua this marriage in four installments by way of DD/Pay order. Rs. 50,000/- Husband/respondent will give on 04.07.2022 at the time of withdrawal of Domestic Violence Case No. 286/2020 by wife/petitioner.

3. It is further agreed between the parties that the husband will pay Rs. 1,50,000/- to the wife at the time of recording of statement of the first motion by way of DD/Pay order.

4. It is further agreed between the parties that the husband will pay Rs. 1,50,000/- to the wife at the time of recording of statement of the Second motion by way of DD/Pay order.

5. It is agreed between the parties that the first motion petition shall be filed on or before 18.07.2022 and the second motion petition shall be filed soon after the completion of the period of statutory period of the order u/s 13(B)1 of HMA. Parties will file II motion after allowing the 1st Motion by the Hon’ble Court.

6. It is further agreed between the parties that the Husband/Respondent shall pay Rs. 2,00,000/- to the wife/petitioner at the time of recording of statement in quashing of FIR No. 498A/406/34 IPC PS Khayala in