GOPAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0451/2021, dtd. 17/8/2021, registered at P.S Mohan Garden, 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 13/3/2019 as per Hindu rites and customs at Delhi. Due to temperamental differences Petitioner No. 1 and Respondent No. 2 started living separately since 30/6/2019. As per averments made in the FIR, Respondent No. 2 was subjected to physical and mental harassment on account of dowry demands. She further submits that she was subjected to persistent unnatural sexual acts by Petitioner No. 1. Chargesheet has been filed under Sec. 498A/406/377/354/34 IPC against the petitioner and two other accused.

(3.) During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding (MOU) dtd. 26/6/2024. In respect of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 have dissolved their marriage by mutual consent. 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 MOU along the articles mentioned in the Deed. The copy of Memorandum of Understanding dtd. 26/6/2024has been placed on record as Annexure F.