O R D E R

% 02.09.2024 CRL.M.A. 26201/2024 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 6854/2024

1. The Present petition has been filed under section 482 Cr.P.C for quashing of FIR No.632/2021 dated 09.11.2021 under section 498A/406/34 IPC at P.S. Lahori Gate and all the other proceedings emanating therefrom.

2. Learned Counsel for the petitioner submits that the marriage between the petitioner no.1 and the respondent no.2/complainant was solemnized on 8th October, 2015 according to Muslim rites and ceremonies at Delhi and one girl child Ms. Aayat Ansari was born out of the said wedlock on 01.06.2017. 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 01.12.2023 arrived at Counselling Cell, Family Court, Central District, Tis Hazari Courts.

4. Pursuant to the settlement, both parties submit that their marriage has already been dissolved through mutual divorce, which took place according to Muslim rites and customs on March 27, 2024, between Mohd. Nadeem (Husband/Petitioner) and Smt. Hina Ikram (Wife/Respondent No. 2). As part of this mutual divorce, the custody of the child shall remain with Respondent No. 2.

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.632/2021 dated 09.11.2021 under section 498A/406/34 IPC at P.S.

Lahori Gate and all the other proceedings emanating therefrom.

6. I have gone through the settlement deed dated 01.12.2023 which has been placed on record. The settlement agreement provides for the following terms and conditions:

1.The parties have agreed to dissolve their marriage in accordance to the shariat law by giving divorce and to this effect they also agreed 10 execute Deed of Divorce/Talaknama and copy of which is being annexed herewith as Annexure-A.

2.It is agreed between the parties that husband is to pay to the wife a sum of Rs.10,00,000/-(Rupees ten lacs only) as full and final settlement (towards stridhan and permanent alimony, maintenance past, present and future, Mehar, Iddat).

3.It is further agreed between the parties that aforesaid settled amount, will be paid by the husband/ respondent to the wife/petitioner in five installments in the following manner:-

i) First installment of Rs.2,00,000/- will be paid by the second party/husband to the first party/wife on 21.12.2023 at the time of pronouncing the first talak by the husband and the wife shall withdraw the petition u/s 125 Cr.P.C. alongwith execution proceedings.

ii) Second installment of Rs.2,00,000/- will be paid by the second party /husband to the first party/wife on 01.02.2024 at the time of pronouncing the second talak by the husband and the wife shall withdraw the petition u/s 12 of D.V. Act.

iii) Third installment of Rs.2,00,000/- will be paid by the second party/husband to the first party/wife on 27.03.2024 at the time of pronouncing the third /last talak.

iv) fourth installment of Rs.2,00,000/- will be paid by the second party/husband to the first party/wife in the third week of May, 2024.

v) Fifth installment of Rs.2,00,000/- will be paid by the second party/husband to the first party/wife at the time of quashing the FIR in the month of August, 2024 at the time of pronouncing the third last talak.

4.It is further agreed between the parties that petitioner/respondent will withdraw their respective cases filed against each other as mentioned above and also which is pending in the family court, Central District, Delhi at present presided over by Shri Murari Prasad Singh, Ld. Judge.

5.It is furt