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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.M.C. 5960/2022, CRL.M.A. 23385/2022

DIVAY BAHL

..... Petitioner

Through:

Ms. Neeta Bahl, Adv.

versus

STATE (NCT OF DELHI) AND ANR. & ORS.

..... Respondents

Through:

Mr. Hemant Mehla, APP for the State

with SI Preeti, PS Timarpur.

%

Date of Decision: 17th July, 2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

1.The present petition has been filed under Section 482 Cr. PC seeking

quashing of case FIR No. 20/2010 registered at PS Timarpur under

Sections 498A/406 IPC.

2.Briefly stated facts of the case are that the marriage between the

Petitioner/Husband and Respondent no.2/Wife was solemnized on

23.04.2006 according to Hindu rites and ceremonies. However,

certain temperamental differences and disputes arose due to which the

Digitally Signed By:RAJ

BALA

Signing Date:20.07.2023

12:39:06

Signature Not Verified

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parties started living separately since 01.06.2009. Thereafter, the

present FIR was lodged on the statement of Respondent No.2. There

is no child born out of this wedlock.

3.Learned Counsel for the Petitioner submits that during the course of

proceedings the parties have amicably settled the matter among

themselves vide Compromise Deed dated 01.05.2014.

4.The Compromise deed dated 01.05.2014 contains the following terms

and conditions:

i). That the jwellery articles belonging to both the parties have

been deposited in the Locker of Punjab National Bank, Delhi,

Punjabi Bagh, New Delhi. The jwellery articles have been

deposited in two boxes with name of each party mentioned on

each box belonging to the respective party. It is agreed that

both the parties will jointly operate the locker in the morning

when the second motion is fixed in the noon. After taking the

boxes out of the locker the two boxes will be carried by both

the parties in the same car from the bank to the court, with one

person accompanying each party. The car will be driven by

either party of the accompanist/party. From the bank the

parties will straight away reach court without leaving the

company of each other. Both the parties will keep their boxes

with them and exchange the same before Hon'ble Judge

immediately before the signing of the IInd Motion. The

diamond ring (Kalichari) will also be handed over by the

second party to the first party at this time.

Digitally Signed By:RAJ

BALA

Signing Date:20.07.2023

12:39:06

Signature Not Verified

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ii) That both the parties further agreed that first party will hand

over the agreed items of istridhan /dowry articles as per list to

the second party on the day of IInd motion. The second party

will make its own arrangement to collect these articles from

the location given by the first party, on the day of second

motion. The list of articles is annexed with this compromise

deed/agreement.

iii) That the second party has agreed to withdraw her cases

filed against the first· party. The first party has also agreed to

co-operate the second party in getting the mutual divorce in the

HMA Case No.1514/14. That both the parties will file a joint

application for quashing of FIR No.20/10 before the Hon'ble

High Court of Delhi. The application for this will be prepared

and finalized on the same day of signing of second motion and

will be filed jointly by the parties within 2 days of getting the

certified copy of the decree of divorce.

iv) That it has been decided that the second party will

withdraw the complaint case under section 12 of the Protection

of Women from Domestic Violence Act filed against the First

Party.

v. That after amicably settlement of the dispute, the second

party has agreed that she shall not claim any further claim in

future from the first party as maintenance or on any other

Digitally Signed By:RAJ

BALA

Signing Date:20.07.2023

12:39:06

Signature Not Verified

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