LUV SHARMA Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed for quashing FIR No.669/2020 dtd. 15/12/2020 registered at Police Station Hari Nagar for the offences under Ss. 376, 377, 354, 506, 509, 34 IPC. The present FIR is an outcome of a matrimonial disputes between the parties.

(2.) The principal ground on which the petition is filed is that the parties have amicably settled their disputes by a settlement agreement dtd. 29/11/2021 before the Delhi High Court Mediation and Conciliation Centre. In terms of the settlement agreement, the petitioner No. 1 and respondentNo.2 filed a petition being HMA No.05/2022 for divorce by mutual consent before the Family Court, Saket, Delhi. By a judgment and decree dtd. 10/1/2022, the marriage between the complainant/respondent No.2 and the petitioner No. 1/husband stands dissolved. It is further stated in the petition that under the settlement agreement, the petitioner No. 1/husband has agreed to pay a sum of Rs.65,00,000.00 to the complainant/respondent No.2 towards the full and final settlement of all her claims, including stridhan, dowry articles and maintenance (Past, Present and Future). Out of the said sum of Rs.65,00,000.00, the petitioner No.1 has paid a sum of Rs.10,00,000.00 to the complainant/respondent No.2 at the time of proceedings of first motion and a sum of Rs.25,00,000.00 at the time of proceedings of the second motion, and the balance amount of Rs.30,00,000.00 was to be paid at the time of quashing of the FIR.

(3.) Today, the parties have joined the proceedings through video conferencing. The parties have been identified by their respective counsels and the Investigating Officer. The complainant/respondent No.2 states that she has received the entire amount as per the settlement and has settled all her matrimonial disputes with the petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the Settlement arrived at between them before the Family Court and the proceedings recorded before this Court.