PRAVEEN SHARMA Vs. STATE

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0369/2022, dtd. 18/2/2022, registered at P.S New Usmanpur, Delhi under Ss. 498A/406/34 IPC and Sec. 4 DP Act and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) That marriage between Petitioner No. 1 and Respondent No. 2 solemnized on 15/2/2017. A son namely Jatin was adopted from the said wedlock. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 27/5/2018. As per the FIR, Respondent No. 2 alleged that the Petitioners subjected her to both physical and mental harassment, dowry harassment. It is further alleged that Respondent No. 2 was thrown from her matrimonial home and her jewelry was taken by the Petitioners. Thereafter, Respondent No. 2 filed FIR No. 0369/2022, dtd. 18/2/2022, at P.S New Usmanpur, Delhi under Sec. 498A/406/34 IPC and Sec. 4 DP Act. Chargesheet was filed against the petitioners under Sec. 498A/406/34 IPC and Sec. 4 DP Act.

(3.) During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding/ Settlement Deed dtd. 20/9/2024. In pursuance of the settlement Petitioner No.1 and Respondent No. 2 filed divorce petition under Sec. 13-B(2) of the Hindu Marriage Act, 1955 and the Ld. JFC, Central Districts, Tis Hazari Courts, New Delhi allowed the mutual divorce petition on 27/2/2025, thereby dissolving the marriage between the Petitioner No. 1 and Respondent No.2. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.10,50,000.00 (Rupees ten lacs fifty thousand only) as per the schedule mentioned in the Settlement Deed. The copy of Memorandum of Understanding/ Settlement Deed dtd. 20/9/2024 has been placed on record as Annexure C.