AMIT GUPTA & ANR Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 06.09.2007. A male child named Krrish @ Keshav was born out of the wedlock on 26.08.2008 he being in the custody and care of the second respondent. Both the parties started living separately since 18.06.2008 on account of matrimonial dispute. On 22.08.2009, the second respondent lodged first information report (FIR) no. 151/2009 with police station Farsh Bazar alleging offences under Sections 498A, 406/34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner) and his mother (second petitioner). Upon conclusion of investigation, the police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C). The parties were referred to Delhi Mediation Centre at Tis Hazari Courts where they agreed to amicably resolve the matter by entering into a settlement dated 05.10.2013 in terms of which the parties were to approach, as per the timelines indicated, the appropriate forum for obtaining a decree of divorce, they also having agreed, inter alia, for the criminal case arising out of the aforementioned FIR to be sought to be quashed.

(2.) The petition, thus, has been moved before this court invoking section 482 Cr.P.C. seeking quashing of the FIR no. 151/2009 under Sections 498A, 406, 34 IPC of police station Farsh Bazar.

(3.) The second respondent appeared in person before this Court and was examined as CW-2 by the learned predecessor bench on 28.02.2018. In the said statement, she informed the court that she does not oppose the prayer made in the petition for quashing of the abovementioned FIR in view of the aforesaid settlement between her and the petitioners nor seeks any action against anyone else. The mediation settlement agreement dated 05.10.2013 (Ex.CW-2/A) was also affirmed by her. In terms of the arrangement, second respondent was to receive Rs. 3 lakhs as full and final settlement, she having acknowledged the receipt of the amount in two instalments. She also affirmed that the marriage between the parties has since been dissolved by a decree of divorce. A copy of the decree of divorce granted on 27.05.2015 by the Principal Judge, Family Court (West), Tis Hazari Courts, Delhi in HMA 619/2015 has been placed on record at the hearing today.