RAJAT PILLAI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0152/2020, dtd. 27/3/2020, registered at P.S Dwarka North under Sec. 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 8/2/2011 as per Hindu rites and ceremonies at Delhi. One child namely Ashveka P. Thakur was born on 8/11/2013 out of the said wedlock. It is submitted that due to temperamental differences, the couple started living separately since 3/11/2018. Thereafter, Respondent No.2 filed a complaint under Sec. 12 of the DV Act and also lodged the aforesaid FIR against Petitioner No. 1 and his family members.

(3.) During the proceedings, the parties were referred to Mediation Centre, Dwarka Courts, New Delhi where they amicably resolved their disputes and executed a Settlement Agreement dtd. 12/1/2024. In pursuance of the Settlement, the parties jointly filed a fresh petition for divorce by mutual consent under Sec. 13B(1) of the Hindu Marriage Act, 1955. The learned Family Court-02, Dwarka Courts, New Delhi allowed the mutual divorce petition on 2/5/2024, thereby dissolving the marriage between the Petitioner No.1 and Respondent No.2. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement including payment of total settlement amount of Rs.10,00,000.00 (Rupees Ten Lacs) to the Respondent No.2 has been fulfilled as per the schedule mentioned in the Settlement Agreement. The copy of Settlement Agreement dtd. 12/1/2024 has been placed on record as Annexure A-3.