KAILASH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed for quashing of FIR No. 0032/2021 under Ss. 498A/406/34/354 IPC, PS Paschim Vihar, West, Delhi. The said FIR was lodged at the complaint of the respondent No. 2/wife against the petitioners herein.

(2.) Learned counsel for the petitioner submits that the marriage has been dissolved between the parties and all disputes amicably settled. The parties are present before this court in person and have been duly identified by the IO. Respondent No.2/wife has stated that she was married to the petitioner No. 1 namely Kailash on 13/12/2018. She has stated that one child namely Jasveer was born out of the wedlock who unfortunately passed away on 9/9/2020. She has stated that now she has amicably settled all the disputes with the petitioners and wants to put a quietus to the same. She has stated that the marriage between the parties has also been dissolved by a decree of divorce by mutual consent under Sec. 13 B (2) of the Hindu Marriage Act, 1955, vide order dtd. 15/9/2022. The parties have entered into a MOU dtd. 21/3/2022 on the following terms and conditions:

(3.) Respondent no.2/wife states has she has entered into the settlement at her own free will without any fear, force or coercion. She also states that the petitioners have complied with all the terms and conditions and she has already received the settlement amount. She states that she has no objection if the present FIR and all criminal proceedings emanating therefrom are quashed.