J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

1. The present petition has been filed for quashing FIR No. 0085/2019 registered under Section 498A/406/34 IPC at PS. Bhajanpura.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 28.09.2011 in accordance with the Muslim Rites and Ceremonies and no child was born out of the said wedlock. 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 agreement dated 02.09.2019 before Counselling Cell, Family Courts, Karkardoma, Delhi. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs. 4,50,000/ (Rupees Four Lakhs and Fifty Thousand only) in full and final settlement of the entire dispute to respondent no. 2/complainant.

4. Pursuant to the settlement, it is submitted by both parties that the marriage between them has already been dissolved as per Muslim rites and ceremonies.

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. 0085/2019 registered under Section 498A/406/34 IPC at PS. Bhajanpura and all the proceedings emanating therefrom.

6. I have gone through the settlement deed dated 02.09.2019, which has been placed on record. The settlement agreement provides for the following terms and conditions:

“Whereas the following cases are pending between the parties;

1. Maintenance petition filed by the petitioner wife vide M.T. No.

1199/18 pending before the court of Ms. Sukhvinder Kaur Judge Family Courts, Karkardooma which will be listed on 09.09.2019.

2. D.V. Act complaint filed by the petitioner wife vide case No. D.V.

1398/18 pending before the court of Ms. Ruchi Aggarwal Asrani, Ld. M.M. , Karkardooma Court, Delhi which will be listed on 12.12.2019. 3. FIR No. 85/2019, Police Station Bhajanpura, u/s 406/498A/34 IPC. i) That the petitioner wife has settled all dues with the Second Party in respect of all claims, Istridhan, Meher and Permanent Alimony and all other claims past, present and future as full and final settlement with the respondent husband for the amount of Rs.4,50,000/- (Rupees Four Lak and Fifty Thousand only).

ii) It is further agreed between the parties that out of the total amount Rs.1,50,000/- shall be paid by the respondent husband to the petitioner wife on 09.09.2019, before the court of Ms. Sukhvinder Kaur Ld. Judge, Family Court, by way of DD/CASH in the name of petitioner wife. After receiving of the said amount the petitioner shall withdraw the maintenance petition.

iii) It is further agreed between the parties that a sum Rs.1,50,000/- shall be paid by the respondent husband on 12.12.2019 at the time of withdraw the complaint of DV act pending before the Ld. M.M. Ms. Ruchi Aggarwal by way of DO/CASH in the name of petitioner wife. After receiving of the said amount the petitioner shall withdraw the complaint of the DV Act.

iv) It is further agreed between the parties that last and final payment of Rs.1,50,000/- shall be paid by the respondent husband before the Hon'ble High Court of Delhi at the time of quashing of the FIR No. 85/2019 of Police Station Bhajanpura. The Petitioner wife shall cooperate in quashing the said FIR which shall be filed by the respondent within three months of withdrawal of DV case.

v) That the respondent husband has already delivered/pronounced the divorce to the petitioner/wife as law laid down by the legislature i.e. first divorce on 30.06.2019 by pronouncing the words "Main Shahnawaz Tum Smt. Noor Saba ko Talaq Deta Hoon, and second divorced was al