O R D E R

% 20.08.2024 CRL.M.A. 24416/2024

1. Exemption allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 6384/2024

3. The Present petition has been filed under section 482 Cr.P.C for quashing of FIR No. 333/2020 dated 12.11.2020 registered under Section 498A/406/34 IPC at PS Anand Vihar and all the other proceedings emanating therefrom.

4. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 27.11.2015 in accordance with the Hindu 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.

5. 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 /Memorandum of Understanding dated 17.10.2022

6. Pursuant to the settlement, it is submitted by both parties that the marriage between them has already been dissolved on 09.07.2024 as per law.

7. 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. 333/2020 dated 12.11.2020 registered under Section 498A/406/34 IPC at PS Anand Vihar and all the other proceedings emanating therefrom.

8. I have gone through the settlement agreement /Memorandum of Understanding dated 17.10.2022 which has been placed on record. The settlement agreement /Memorandum of Understanding provides for the following terms and conditions:

“1. It is agreed that the jewellery of First Party as well as the jewellery which was given to Second Party from the side of the First Party and is now lying with the Second Party shall be returned to the First Party by the Second Party. In this regard a list of jewellery articles is enclosed herewith which shall be signed by the both the parties at the time of signing of the present MOU.

2. It is also agreed that the jewellery of the First Party and the Second Party which is lying in the joint locker number A-62, Union Bank of India, Model Town Branch, Ghaziabad, U.P. and the list of the same was prepared on 18.02.2021 in case FIR No. 333/2020 of P.S. Anand Vihar, Delhi shall be distribute between the both parties according to the annexed list with this MOU. For this purpose appropriate application shall be filed by the both parties before the Hon'ble Court of Ms. Isra Zaidi, MM, Shahdara, Kkd. Courts, Delhi in case MC/43/2021 for seeking permission to open the locker. That the jewellery articles of Second Party which are lying in the possession of the First Party shall be returned by the First Party to the Second Party. The first party will surrender all the rights of above said locker in favour of mother of the second party i.e Preeti Sharma.

3. That both the parties have a Company in the name of M/s Nash Healthcare under the brand name of NADZ Saloon. It is agreed between both the parties that the Company viz. M/s Nash Healthcare shall be dissolved and all the rights of the brand name i.e NADZ Saloon shall be the exclusive property of the First Party and all the rights to open number of chainsin the name of NADZ Saloon shall remain with the First Party. Second Party undertakes not to claim the rights of brand name NADZ Saloon in future whatsoever in any manner.

4. That it is agreed between both the parties that First Party willnot claim any right in the property presently owned by the Second Party and his family members, or to be acquired in future, on her behalf. Similarly, Second Party has also agreed that he will not claim any right in the property presently owned by the First Party and her family members, or to be acquired in future, on his behalf.

5. It is agreed the that the Second Par