ANUJ JAIN AN ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of FIR No.834/2014, under Sections 498A/406/34 IPC registered at Police Station- Geeta Colony, Delhi and the proceedings emanating therefrom.

(2.) The facts in brief are that on 29.10.2009 the petitioner No.1 married respondent No.2 according to Hindu customs, rites and ceremonies in Delhi. One female child, namely, Ananya Jain and one male child namely, Kartik Jain were born out of the said wedlock on 15.07.2010 and 09.12.2011 respectively, who are in the care and custody of petitioner No.1 (husband). Owing to ideological and temperamental differences the parties to the marriage have been living separately since 15.11.2013. On a complaint filed by the respondent No.2 (wife) against her husband (petitioner No.1) and his family members, the subject FIR was registered.

(3.) Eventually better sense prevailed and the parties decided to settle all their matrimonial disputes with the assistance of Mediation Centre, Karkardooma Courts, Delhi. The settlement agreement dated 19.12.2014 is annexed to this petition as Annexure P-2. The salient terms and conditions of the said settlement agreement dated 19.12.2014 are as follows:-