J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 14760/2023 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 3918/2023

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No. 101/2018 registered at PS Farsh Bazar under Sections 498A/406/34 IPC.

2. Briefly stated facts of the case that the marriage between the parties got solemnized on 16.04.2016 according to Hindu rites and ceremonies. However, due to certain matrimonial discord and differences the parties are living separately since 24.10.2016. The present FIR was filed on the complaint of Respondent no.2/wife.

There is no child born out of this wedlock.

3. Learned Counsel for the Petitioner submits that the parties have reached on an amicable settlement vide settlement deed dated 22.10.2022 at Family Court, Patiala House Courts, New Delhi, on the following terms and conditions:

“ 1.Whereas, the parties in pursuance of the above mentioned settlement agreement are willing and ready to severe their marital relationship.

2. Parties hereby have mutually agreed to dissolve their marriage by filing a joint petition for divorce by way of mutual consent U/s 13 (B) (1) of the Hindu Marriage Act, 1955 in the court of competent jurisdiction at New Delhi on/before or by 15/11/2022.

3. It is agreed between the parties that after expiry of mandatory prescribed period of six (6) month or any other earlier, if any so permitted under the law/ judicial pronouncement, they will file second motion as contemplated under the Hindu Marriage act 1955 or in any other law and both the parties shall cooperate in entire process of mutual consent divorce proceedings and shall duly appear before the Hon'ble court for recording of their respective statement as required in law for the first and second motion.

4. It is agreed between the parties that the Petitioner (Husband) shall pay lump sum consideration of Rs.1150000/- (Eleven Lakhs Fifty Thousands only) to the respondent (wife) as full and final settlement (against the respondents' past present and future maintenance, permanent alimony, stridhan etc.) under the following manner in three installment.

5. That petitioner (husband) will pay a sum of Rs,350000/- (Three Lakhs fifty thousands) In the form of DD to the respondent (wife) at the time of recording of statement of both the parties before the Hon'ble family courts under the first motion proceedings. First motion petition shall be prepared by petitioner.

6. That the petitioner (Husband) shall pay Rs.400000/- (Four Lakhs.) to the respondent (wife) at the time of recording of statements of both the parties before the Hon'ble family court on under the second motion proceedings in the form of Demand Draft. Second motion petition shall be filled by both the parties within 30 days of expiry of mandatory cooling period of six month after completion of first motion or both the parties shall file an application for waiving of mandatory cooling period of six month after first motion. Second motion petition shall be prepared bay petitioner

7. It is further agreed between the parties that the petitioner (Husband) shall pay Rs.400000/-(Four Lakhs) in the form of DD to the respondent (wife) at the time of quashing of FIR No 101/2018 U/S-498A/406/34IPC P.S Farsh Bazar Delhi in Hon'ble Delhi High Court within 30 days after second motion and respondent (Wife) shall cooperate and sign all the necessary affidavits and appear for statements and do the needful in quashing of said FIR. The FIR quashing shall be filed by Husband.

8.The second party undertakes not to establish any future contact with the first party in any manner whatsoever from the date of signing of the present deed and only contact that shall be made between the parties shall be only with respect to the signing of divorce petitions and coordination of dates for appearance before the court.

9. The parties also undertake not to interfere in each other's life directly or through family members, relatives