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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 1356/2022

ANEESH GUPTA & ORS.

..... Petitioners

Through:

Mr. Aaditya Vijay Kamal & Ms.

Akshita Katoch, Advs. with

petitioners in person.

versus

STATE OF NCT OF DELHI & ANR.

..... Respondents

Through:

Mr. N.S. Bajwa, APP for State with

SI Vijay Pal Singh, PS CWC Nanak

Pura.

Mr. Dhruv Grover & Ms. Shreya

Maggu, Advs. for complainant/R-2

along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

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

FIR No.003/2016 for offences under Sections 406/498A/354/377/34 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 on 18.09.2021.

Copy of the settlement dated 18.09.2021 is annexed with the petition

(Annexure P-2, of the paperbook).

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003656

3. As per the settlement dated 18.09.2021, it is agreed between the

parties that husband/petitioner no.1 shall pay lump sum amount of

Rs.74,00,000/- to the wife/respondent no.2 as full and final settlement

towards all claims, Stridhan, child maintenance, compensation, permanent

alimony and child care maintenance towards past, present and future. The

respondent no.2 shall invest out of the aforesaid sum, Rs. 10 lacs in the

name of the minor for his benefit till he attains the age of majority.

3.1

It is agreed between the parties that out of the above settlement

amount of Rs. 74,00,000/- the petitioner no.1 shall pay a sum of

Rs.20,00,000/- at the time of signing of the Settlement Agreement. The DD

No. 465231 dated 18.09.2021 drawn on Yes Bank has been given by the

petitioner to respondent no.2. The petitioner no.1 shall pay Rs. 20,00,000/-

to respondent no.2 at the time of recording of statements of the parties in the

first motion petition under Section 13-B(1) of Hindu Marriage Act which

shall be filed by the parties within ten days from the date of settlement.

Payment of Rs. 20,00,000/- by way of DD/RTGS/NEFT shall be done by the

petitioner no.1 before recording the statements in the second motion and

acknowledgment shall be shared with the respondent no.2. It is agreed

between the parties that petitioner no.1 shall pay Rs. 14,00,000/- to

respondent no.2 by way of demand draft at the time of quashing of the

aforesaid FIR. The petitioner no.1 undertakes to file the petition for

quashing of FIR within 7 days of grant of decree of divorce. In case of

failure of the petitioner no.1 to file quashing petition as aforesaid, he

undertakes to pay the balance amount of Rs. 14,00,000/- within 15 days of

grant of decree of divorce by demand draft.

3.2 It is agreed between the parties that after receipt of the afore-mentioned

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003656

amount, respondent no.2 shall have no further claims whatsoever towards

any amount/alimony towards past, present and future maintenance and

accordingly her right towards any alimony past, present, future stands

voluntarily waived.

3.3

The respondent no.2 further agrees to give no-objection for quashing

of the FIR.

3.4

The parties shall jointly file an application seeking waiver of the

statutory 6 months period within 10 days of recording of statement in the

first motion. The parties shall duly cooperate and sign all necessary papers

for the same. The second motion petition shall be filed within 10 days from

the order of waiver of the said statutory period by the Court.

3.5

It has been agreed that all the documents and trophies of the petitioner

no.1, if any, shall be returned by the respondent no.2 and the petitioner no.1

shall re