NAVEEN GAUTAM Vs. STATE

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 07.09.2005. From out of the said wedlock, a male child named Deepanshu took birth on 14.10.2008. The marriage ran into rough weather. The second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) no.350/2013 having been registered on 21.10.2013 by police station Lajpat Nagar on her complaint involving offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC), the case being directed against her husband (first petitioner), his brother (second petitioner) and his mother (third petitioner). On conclusion of the investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken.

(2.) It appears that the parties also came to be involved in certain other cases including a petition under section 12 of Protection of Women from Domestic Violence Act, 2005 and a case for divorce filed by the first petitioner. The parties, however, were persuaded to enter into an amicable settlement, they having executed a settlement deed /MOU on 21.03.2018. In terms of the said settlement, the second respondent agreed to forego all her claims and allegations against the petitioners for consideration of Rs.8,00,000/- being paid to her as full and final settlement on account of stridhan, maintenance of self and child, the custody of the child having been agreed to be given to her.

(3.) Pursuant to the above settlement, the parties approached the family court by petition for divorce by mutual consent, a decree to that effect having been granted in HMA Petition No.87/2018 by judgment dated 22.11.2018.