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 FIR No, 04/2012, dated 06/01/2012 registered under section 341/498A/406 IPC at PS Sagarpur, South West District, Delhi and all the proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 22.02.2022, in accordance with the Hindu Rites and Ceremonies in Delhi. One child was born out of the said wedlock namely Tanishk. However, on account of temperamental differences and mental incompatibility, the parties started living separately on 23.11.2008 and instituted litigation against each other. He also submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned Trial Court.

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 24.11.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay a sum of Rs.32,00,000/- (Thirty-Two Lakhs Only ) as a full and final settlement, Out of which Rs 27,00,00/-(Twenty-Seven Lakhs only) has been paid and today a demand draft bearing DD No. 514463 dated 17.07.2023 for the sum of Rs.5,00,000/- drawn on ICICI Bank has handed over to the respondent No.2.

4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 22.08.2022 passed by Learned MM. Vipin Kumar Rai , Family Court, Dwarka Court.

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 04/2012 under section 341/498A/406 IPC at PS Sagarpur, South West District, Delhi and all the proceedings emanating therefrom.

6. I have gone through the settlement which has been placed on record dated 24.11.2021 The settlement agreement provides for the following terms and conditions:

i) First Party shall pay a sum of INR 5,00,000/- (Five Lakh Rupees) to the Second Party in the form of Demand Draft at the time of signing the present MOU/ Settlement Agreement against a separate receipt to this effect.

ii) That it is mutually agreed that within 10 days of the execution of this Agreement, the Parties shall jointly file a petition for Divorce by Mutual Consent (“Fist Motion”) in accordance with the provisions of the Hindu Marriage Act, 1955 before the appropriate court in Delhi.

iii) That upon filing of the petition for Divorce by Mutual Consent, the Parties shall appear (physically/virtually) before the court on the given date of hearing and get their statements recorded ratifying and affirming the petition filed by them, so as to enable the court to pass an order on the First Motion.

iv) It is further agreed that at the time of recording of statements of the Parties the Ld. Judge during the First Motion, the First Party shall make payment of INR 5,00,000/- (Five Lakh Rupees) to the Second Party vide Demand Draft against receipt.

v) It is further agreed that the Fist Party shall pay a sum of INR

5,00,000/- (Five Lakh Rupees) to the Second Party in the form of Demand Draft at the time of filing of Quashing Petition for FIR No. 04/2012 registered at PS Sagarpur, New Delhi U/s 498A/406/341 IPC and its consequential proceedings in the Hon’ble High Court of Delhi, against receipt.

vi) That immediately upon expiry of the statutory cooling period as per the Hindi Marriage Act, 1955, the Parties herein shall jointly file a petition for the Second Motion as per the provisions of the Hindu Marriage Act, 1955 to seek a decree of divorce by mutual consent before the same court as First Motion.

vii) That at the time of recording of the statements before the court during the Second Motion, the First Party shall make payment of INR 17,00,0