ORDER

% 22.07.2024

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 309/2022 registered at PS Tigri under Sections 406/498AIPC and all other proceedings emanating from it.

2. The marriage between the petitioners and respondents was solemnized on 25.04.1999 at Delhi as per Hindu Rites and ceremonies. Two children namely Karan Pujara and Ms.Sonalika Pujara were born from the said wedlock on 26.05.2001 and 10.12.2009 respectively.

However, 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.

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 deed dated 05.10.2023 at Mediation and Conciliation Centre Saket Courts, New Delhi.

4. Pursuant to the settlement, it is submitted by both parties that the marriage between them has already been dissolved on 25.04.2024 by the Court of Principal Judge, Family Court, Dehradun.

5. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 309/2022 registered at PS Tigri under Sections 406/498AIPC and all the other proceedings emanating therefrom.

6. I have gone through the settlement deed dated 05.10.2023which has been placed on record. The settlement agreement provides for the following terms and conditions:

“1 . It is agreed between the parties that since there is no chance of their re-union and keeping in view their future welfare and better prospects, they will part their ways by seeking decree of divorce by mutual consent.

2. It is agreed between the parties that second party/husband shall pay total amount of Rs. 1,00,000/- (Rupees One Lakh only) to the first party/wife towards full and final settlement of all her claims including maintenance (past, present and future), permanent alimony, stridhan etc.

3. It is agreed between the parties that at present both the children are in the custody of the father/JD.

4. It is also agreed between the parties that both the parties shall file the first motion divorce petition on mutual consent before the appropriate court within a week post signing of the present settlement and further, out of the above- mentioned settled amount of Rs. 1,00,000/-, sum of Rs. 25,000/- shalll be paid by the second party/husband to the first party/wife at the time of statement for first motion divorce petition.

5. Thereafter, It is further agreed between the parties that both the parties will file the second motion divorce petition within the stipulated period, as per law and further, out of the above-

mentioned settled amount of Rs. 1,00,000/-, sum of Rs. 25,000/-

shall be paid to DH by the JD at the time of statement for second motion divorce petition. Both the parties shall co-operate with each other in preparation of petition for divorce by mutual consent.

6. An FIR bearing FIR No. 309/2022, U/s 498/406/34 IPC, registered, P.S. Tigri, New Delhi, has been registered against the accused persons, namely, Puran Pujara and Parvati Devi, on the complaint of complainant, for which the accused person shall move for quashment petition u/s 482 Cr.P.C. for quashing of the present FIR before Hon'ble High Court of Delhi within 15 days after getting decree of divorce. The complainant shall fully co-

operate for quashing of the Said FIR as well as all proceedings emanating therefrom against all accuses persons, as mentioned above. The complainant shall sign her affidavit of no objection, appear and do whatever required in order to get present FIR quashed as well as all proceedings emanating therefrom before the Hon'ble High C