DINESH KUMAR & ORS Vs. STATE & ORS

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 (hereinafter referred to as 'the Code') praying for a direction to quash FIR No.362/2014 under Sections 498A/406/34 IPC registered at Police Station- Najafgarh, New Delhi, and the proceedings arising therefrom.

(2.) The factual matrix is that the petitioner No.1 and respondent No.2 were married according to Hindu rites and ceremonies on 28.11.2012. Owing to ideological and temperamental differences the parties to the marriage have been living separately since 23.09.2013. On a complaint filed by the respondent No.2 (wife), the subject FIR was registered against the petitioner No.1 and his family members. With the aid and assistance of the Mediation Centre at the Dwarka Courts, New Delhi, the parties to the union have arrived at an amicable resolution of all their matrimonial disputes. The salient terms and conditions of the said settlement dated 27.01.2015 before the Mediation Centre at the Dwarka Courts, New Delhi, are as under:-

(3.) In a nutshell it has been agreed by and between the parties that the petitioner No.1 shall pay, in aggregate, a sum of Rs.5,00,000/- to the respondent No.2 towards all the latter's claim including maintenance towards past, present and future. In pursuance to the said agreement dated 27.01.2015 the respondent No.2 (wife) has already received a sum of Rs.3,75,000/-. The balance amount of Rs.1,25,000/- has been paid to the respondent in court today.