J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

1. Present petition has been filed under section 482 CrPC seeking quashing of case FIR No. 941/2015 dated 21.11.2015 registered u/s 498A/406/34 IPC at P.S. Gokul Puri. The said FIR was lodged on the complaint of respondent No. 2/wife. Mr. Mehta learned counsel for the petitioner submits that two of the accused persons in the FIR namely Noman and Sadikhave not been arrayed as parties to the present petition. Both are brothers of the petitioner.

2. Briefly the facts are that the marriage between the petitioner No.1/husband and respondent No.2/wife was solemnized on 11.07.2013as per Muslimrites and customs. One male child was born out of the wedlock namely Riyaan. Thereafter, owing to temperamental differences, matrimonial quarrels started erupting between the parties within 1 ½ years of the marriage. Subsequently, respondent No. 2 got registered the present FIR against the petitioner and his relatives.

3. Respondent No. 2 also filed a maintenance petition under section 125 CrPC vide which the respondent No.2 and their son were granted maintenance of Rs 6,000/- and Rs. 2,500/- p.m. respectively. Respondent No. 2 moved execution application Nos. 128/2017 & 257/2018 against the maintenance order. However, while the proceedings were underway, the parties were referred for counselling at Counselling Cell, THC, Delhi.The parties amicably worked out their differences and arrived at a settlement on 19.11.2019 on the following terms and conditions:

“1. The parties have agreed to dissolve their marriage by mutual consent in accordance with law, of the Muslim Marriage Act.

2. It is agreed between the parties that husband shall pay to the wife a sum of Rs. Four Lacs Only as full & final settlement against stridhan, dowry and maintenance (past, present and future) qua this marriage in Four installments.

* This amount is for the wife and child also.

* Respondent/husband shall pay Rs. One Lac and fiftythousand (Rs. 1,50,000/-) to the petitioner/wife at the time of Divorce i.e. on 6 to 15 March, 20. By way of DD/Pay Order.

3. It is further agreed between the parties that the husband will pay Rs. Fifty Thousand to the wife at the time of withdrawal of 1st execution by way of DD/Pay Order. (on 6th Dec., 19, Rs.

50,000/-).

4. It is further agreed between the parties that husband will pay Rs. One Lac to the wife at the time of withdrawal of 2nd execution by way of DD/Pay Order. (on 6 Jan., 20 Rs.

1,00,000/-).

5. It is further agreed between the parties that the Respondent/husband shall pay Rs. One Lac only to the Petitioner at the time of quashing of FIR No. 941/15 u/s. 498A,406,34 IPC PS Gokul Puri in Hon'ble High Court of Delhi within three after divorce and petitioner shall cooperate and sign all the necessary affidavit & do the needful in quashing of said FIR.

6. It is further agreed between the parties that the 1st motion petition shall be filed on or before ________and 2nd motion petition shall be filed soon after the completion of the statutory period of the order u/s. 13 B(l) of HMA.

7. There is one child/children namely Ryan 5 ½ years from this wedlock, who is/are living with the petitioner/mother. It is agreed among the parties that the custody, will be with petitioner. The respondent will not have visitation right.

8. It is further agreed between the parties that petitioner/respondent will withdraw the case which pending in the Court of Ms. Shalinder Kaur, Ld. Principal Judge, Family Court (West), THC, Delhi. Case- 2 executions; other case -

498A, 406, 34 IPC, FIR Quashing.

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

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

11. All the matters relating to this marriage either civil or criminal are settled and neither the parties nor their relatives shall make any claim against each other in future