SHADAB KHAN Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Muslim Rights and Ceremonies on 01.03.2015. From out of the said wedlock, a male child named Mohammad took birth on 18.12.2015. 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.36/2018 having been registered on 19.01.2018 by police station Ranjit 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 mother (second petitioner), his uncle (third petitioner) and brother-in-law (fourth petitioner). The case arising out of the FIR is still pending investigation with the police.

(2.) It appears that the dispute between the parties also led to two other cases being preferred, both by the second respondent one under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and the other under Section 125 of the Code of Criminal Procedure, 1973 (Cr. PC). The second said case came to be dismissed in default on 19.07.2018. Be that as it may, the parties were referred to Delhi Mediation Centre at Tis Hazari courts in the context of the case (CC no.398/2012) arising out of the domestic violence petition where they agreed to settle the matter amicably by executing a settlement deed dated 06.12.2018, copy whereof has been filed with the petition.

(3.) On notice, the second respondent has entered appearance through counsel and has submitted her affidavit sworn on 14.05.2019. By the said affidavit, she confirms the settlement of the dispute with the first petitioner and others, the parties having already ended their marriage by a divorce as per Muslim law on 19.12.2018, she having already withdrawn petition under Domestic Violence Act having received at that stage, Rs.5 Lakh from the first petitioner, this being the first instalment of the total amount of Rs.10 Lakhs which she has agreed to receive to forgo the cases and towards her full and final claim including on account of maintenance, dower, etc.