J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

CRL.M.A. 25809/2022 Exemption allowed subject to just exceptions.

CRL.M.C. 6625/2022

1. The present petition has been filed for quashing of FIR no.311/2021 under Sections 498A/406/354/376/511/506 IPC registered at PS Khajuri Khas.

2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 09.12.2020 in accordance with the Hindu Rites and Ceremonies. However, it has been submitted that, 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. He submits that the chargesheet, in this case, has already been filed and the matter is pending before the Learned Trial Courts, New Delhi.

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 10.08.2021. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs.16,00,000/- (Rs. Sixteen lac only)in full and final settlement of the entire dispute to respondent no.

2/complainant.

4. It has been submitted that pursuant to the settlement, a mutual divorce petition was filed and a decree of divorce was granted vide order dated 15.11.2022 passed by Learned Principal Judge Family Court, Shahdara, Karkardooma Court, Delhi.

5. The Learned Counsel for the petitioners, therefore, submits that since the parties have resolved all their differences amicably; it would be in the interest of justice to quash FIR no. 311/2021 under Sections 498A/406/354/376/511/506 IPC registered at PS Khajuri Khasand all the proceedings emanating therefrom.

6. Both parties are present in court and have duly been identified by the IO. Respondent no. 2 submits that she has entered the settlement voluntarily without any fear, force or coercion. She submits that the petitioner has already paid her a sum of Rs 11,00,000in installments and remaining payment of Rs.5,00,000/- (Rs. Five Lac only) has been paid by way of DD No. 895012 dated 19.04.2023 in the name of Reena drawn from State Bank of India. She submits that other petitions have already been withdrawn or dismissed. And since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 15.11.2022, she has no objection if FIR no. 311/2021 under Sections 498A/406/354/376/511/506 IPC registered at PS Khajuri Khas and all the proceedings emanating therefrom are quashed.

7. I have gone through the settlement which has been placed on record.

The settlement agreement provides for the following terms and conditions:

“1. That all the parties to this agreement have amicably decided to end all grievances, complaints arising out of matrimonial relationship and consequential FIR No. 311/2021 PS Khajuri Khas, Delhi under section 498A/406/354/376/511/506 IPC and agreed not to proceed further with any complaint and would buy peace and harmony so that all parties could proceed further in life.

2. That is has been agreed between the first and second party no.1 that they shall get their marriage dissolved by mutual concern in Under Section 13-B of Hindu Marriage Act, 1955, [as amended upto date] in due course.

3. That because the second party is still a law student, unemployed & dependent on his father, therefore, he through his father Shri Rajan Dev, shall jointly pay to the first party a total sum of Rs. 16,00,000/- (Rs. Sixteen lac only) towards all her claims, past, present and future maintenance, permanently alimony, loss of virginity, stridhan, gift articles, gold and silver jewellery and amount in lieu of withdrawing and cooperating in quashing FIR No. 311/2021 PS Khajuri Khas Delhi under section 498A/406/354/376/511/506 IPC in full and final settlement, in following manner:-

A. Rs. 3,00,000/- (Rs. Thr