J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 22941/2023 (exemption)

Exemption is allowed subject to all just exceptions.

Application stands disposed of.

W.P.(CRL) 2435/2023 & CRL.M.A. 22940/2023STAY

1. The present petition has been filed for quashing of FIR No.0442 dated 14.07.2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar. The said FIR was lodged on the complaint of respondent No. 2/wife against

4 accused persons namely;Arshpreet Singh/Husband, Amarjit Singh/ Father-in- law, Rajni Kaur/Mother-in-law andDeeplyot Kaur/Sister-in-law. However, only 3 of those accused persons named in the FIR have been made party in the present petitioni.e.Arshpreet Singh, Amarjit Singh and Rajni Kaur. It has been submitted that the present quashing is being sought only qua the 3 petitioners herein.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 08.03.2019in 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 and instituted multiple litigations against each other and their respective families including the present FIR. Learned counsel for respondent no.2 submits that the charge sheet has been filed but the learned counsel for the petitioner submits that he has not received the same.

3. Learned Counsel further submits 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

17.12.2022.

4. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 40,00,000/-in full and final settlement of the entire dispute to respondent no. 2/complainant.

5. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated

12.07.2023passed by Family Courts,Patiala House Courts, Delhi.

6. The 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 quash FIR No.0442/2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar and all the proceedings emanating therefrom qua the petitioners herein.

7. 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 that a DD bearing no.433015 dated 22.08.2022 for a sum of Rs.15 lakhs drawn on IndusInd Bank, Nirvana Country, Gurgaon, Haryana was given to her in court today. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated12.07.2023, she has no objection if FIR No.0442/2020 registered under Section 498A/406/34 IPC at PS Bharat Nagar and all the proceedings emanating therefrom are quashed qua the petitioners herein.

8. I have gone through the settlement which has been placed on record.

The settlement agreement provides for the following terms and conditions:

1. That the parties to this deed are entering into this settlement deed at their own free will, volition and consent and without any undue pressure, force, coercion, or influence of any kind.

2. That the following cases exist between the parties as of today:

Case u/s 12 of the Protection of Women from Domestic Violence Act instituted by the Second Party having Ct No. 23839 of 2019 pending before the court of Ms. PreetiRajoria, Metropolitan Magistrate - Mahila Court, NorthWest District, Court No. 18, Rohini Courts, Delhi and next date of hearing is 09.12.2022.

3. A FIR bearing no. 442/2020 dated 14.07.2020 u/s 498A/406/34 P.S. Bharat Nagar, Delhi having Second Party as complainant and First Party and his family members as Accused.

c. Police comp