RAHUL PRAJAPATI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0754/2022, dtd. 12/08/2022, registered at P.S Prem Nagar, Delhi under Ss. 498A/406/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) The marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 7/12/2019 as per Hindu rites and customs at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 22/10/2020. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry by the petitioners. FIR No. 0754/2022, dtd. 12/8/2022 was registered at instance of Respondent No. 2 at P.S Prem Nagar, Delhi under Sec. 498A/406/34 IPC.

(3.) During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dtd. 9/5/2023 at Delhi Mediation Centre, Rohini District Courts, Delhi. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 got divorced vide order dtd. 8/8/2023 under Sec. 13B(1)/(2) of HMA. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.5,00,000.00 (Rupees five lacs only) as per the schedule mentioned in the Settlement Deed. The copy of Memorandum of Understanding dtd. 9/5/2023 has been placed on record as Annexure C.