JASWANT RAI MITTAL Vs. GOVERNMENT NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed seeking quashing of FIR No.573/2022 under Ss. 406/498A/34 IPC registered at Police Station Hari Nagar. Initially, the Petitioner had sought quashing of the FIR and all other proceedings emanating therefrom on merits. However, during the pendency of the petition the parties have arrived at a settlement vide agreement dtd. 12/10/2022. Pursuant to this, Crl.M.A.133/2023 has been filed seeking compromise as an additional ground in the main petition in terms of the agreement dtd. 12/10/2022. The agreement dtd. 12/10/2022 has been placed on record which reads as under:-

(2.) Learned counsel for the petitioner submits that pursuant to the settlement, the marriage has already been dissolved between the parties by a decree of mutual consent under Ss. 13B(2) of the Hindu Marriage Act, 1955 vide order dtd. 16/12/2022. He further submits a civil suit bearing number CS 375/2021 titled Anil Kumar Mittal vs. Riya Mittal and Anr.a petition bearing HMA case No.648/2020 under Sec. 13(i)(a) of the Hindu Marriage Act, 1955 has been withdrawn. The case under the provisions of the DV Act has also been withdrawn. He further submits that two children were born out of wedlock namely Ms. Sherry Mittaland Mr. Sailish Mittal, who are now settled in their life. Ms. Sherry Mittal is already married.

(3.) Respondent No.2, who is present in Court in person, states that she has settled the matter voluntarily out of her own free will without any fear, force or coercion. Respondent No.2 further states that petitioner No.6 has complied with the terms and conditions of the settlement and therefore, she has no objection if FIR No.573/2022 under Ss. 406/498A/34 IPC registered at Police Station Hari Nagar and all the proceedings emanating therefrom are quashed.