PHOOL KUMAR Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No. 375/2011 registered at Police Station Shalimar Bagh, Delhi, for the offences punishable under Ss. 498A/406/34 IPC and the consequential proceedings emanating therefrom against him.

(2.) Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No. 2, namely, Smt. Pinglesh, consequent upon certain matrimonial and domestic disputes having arisen between the parties. The case is at the initial stage of trial as cognizance is not yet taken. Meanwhile, the respondent No. 2 and the petitioner have amicably settled their disputes for a total sum of Rs. 12,00,000/ - (Twelve Lacs). To this effect, their joint statement was recorded by the learned Principal Judge (North -West), Family Courts, Rohini, Delhi, on 20.08.2014. As per the said settlement, two instalments of Rs. 3,00,000/ - (Three Lacs) and Rs. 5,00,000/ - (Five Lacs) were paid at the time of recording first motion petition and second motion petition respectively for divorce by mutual consent and the balance amount of Rs. 4,00,000/ - (Four Lacs) cash is paid today in the Court, which is found to be correct. As per the settlement, custody of three children of the respondent No. 2 and the petitioner will remain with the petitioner and the respondent No. 2 shall neither claim custody nor visitation rights of the children. It was also agreed between the parties that out of the total amount, a sum of Rs. 10,00,000/ - (Ten Lacs) shall be kept in the form of FDR for a period of 10 years and the respondent No. 2 shall be entitled to interest accrued thereon and shall deposit a copy of the same in the Court. These facts have not been disputed by the respondent No. 2 and her brother Aakash, who is personally present in Court.

(3.) Learned counsel for the petitioner further submits that consequent to the said settlement, marriage between the petitioner and respondent No. 2 has been dissolved vide decree of mutual divorce dated 15.07.2015 under Sec. 13B(2) of the Hindu Marriage Act, 1955. Since the agreed amount has been paid by the petitioner, thus, respondent No. 2 does not wish to pursue her case further against the petitioner.