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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CRL.M.C. 2041/2022

VIVEK BHARADWAJ & ORS.

..... Petitioners

Through:

Mr. Shailendra Dahiya, Advocate.

versus

THE STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents

Through:

Ms. Shubhi Gupta, APP for State.

SI Vijay Pal Singh, PS CWC

Nanakpura.

Mr. Vikram Singh, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

O R D E R

%

20.07.2022

1. This petition under Section 482 Cr.P.C. has been filed for quashing of

FIR No.81/2018 for offences under Sections 406/498A/377/34 IPC,

registered at Police Station Crime Women Cell, Nanak Pura and the

proceedings emanating therefrom.

2.

The principal ground on which the petition has been filed is that the

respondent No.2/complainant has settled all her disputes amicably with the

petitioners. The settlement was arrived at between the parties before the

Family Courts, Patiala House, Delhi on 03.12.2021. Copy of the settlement

dated 03.12.2021 is annexed with the petition (Annexure P-2, page 34 of the

paperbook).

3. It is stated in the settlement dated 03.12.2021, arrived at before the

Family Courts, Patiala House, Delhi, that the parties seek divorce mutually

as per Hindu Marriage Act in accordance with law provided under Section

13 (B) (1) and (2) of the Hindu Marriage Act.

4.

It is agreed between the parties that husband shall pay lump sum

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003005

amount of Rs.35,00,000/- to the wife as full and final settlement (against

stridhan and dowry, maintenance towards past, present and future qua this

marriage) including child maintenance upto 18 years by way of three

installments. The petitioner will pay a sum of Rs.8,75,000/- in the form of

DD to the respondent at the time of recording of statement of both parties

before the Family Court under the first motion proceedings. Thereafter

Rs.17,50,000/- shall be paid in the form of an FDR in the name of minor son

(Master Sidharth Bhardwaj) at the time of second motion and the remaining

amount of Rs.8,75,000/- will be paid in the form of DD at the time of

quashing of FIR to respondent no. 2.

4.1

It was further agreed between the parties that respondent no. 2 shall

withdraw the monthly recurring interest of the FDR for the purpose of

education and monthly expenses of minor child and on maturing of FDR,

permission of the petitioner is not required for withdrawal of the money by

the child on attaining majority.

4.2

It is also agreed between the parties that respondent no. 2 shall not

have any right, title or interest, claim over the property of the husband after

completion of all the proceedings going on between them.

4.3

It is agreed between the parties that the first motion petition shall be

filed in the second week of December, 2021 and second motion petition

shall be filed soon after the completion of the statutory period of the order

U/s 13 B (1), of HMA, including the Domestic Violence and Maintenance

petition under Section 125 Cr.P.C.

4.4

It is further agreed between the parties that the minor child will be

under the absolute custody of respondent no. 2 and petitioner no. 1 will not

have any visitation rights in future.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003005

4.5

It is further agreed between the parties that in the event of non-

appearance by either of the parties at the time of second motion, if

respondent failed to appear she will repay the amount received alongwith

2% per month interest to petitioner no. 1 and if petitioner no. 1 failed then

the said amount shall stand forfeited by the respondent.

4.6

It is also agreed that the parties shall not file any other complaint,

petition execution application in future as they have arrived at the present

settlement without any undue pressure, influence or coercion and in case the

conditions of the settlement are not complied with, parties are at liberty to