PRADEEP SINGH GOSAIN Vs. STATE

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu Rites and Ceremonies on 08.12.2013. 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. 34/2015 having been registered on 17.01.2015 by police station Swaroop 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) and his mother (second petitioner).

(2.) The parties had also come to be engaged into a litigation before the Family Court where pursuant to the settlement they had amicably resolved the dispute. The terms of the said settlement were recorded on a joint petition (HMA 812/2018) by the Family Court on 16.05.2018. In pursuance of the said settlement, the petitioner has to pay and the second respondent has to receive a sum of Rs.6,25,000/- as full and final settlement of all her claim. As per the terms, the said amount was to be paid to the second respondent in installments, first Rs. 2,00,000/- at the time of recording of the joint statement in the first motion, second of Rs.2,00,000/- at the time of recording of the statement in the second motion, and the balance amount of Rs.2,25,000/- at the time of prayer being entertained for quashing of the FIR. Additionally, the first petitioner has also to pay Rs. 25,000/- in lieu of some articles which had not been accounted for.

(3.) The second respondent, on notice, has entered appearance and has filed an affidavit sworn on 04.07.2019 by which she has confirmed the settlement, giving no objection to the prayer of the petitioner for quashing of the FIR. The affidavit filed, however, would not clarify the amount paid or received. In this view, on the request of the parties, the matter was passed over. It has been taken up again in post-lunch session. During the interregnum, she has sworn another affidavit which has been filed in the registry and has been called for and perused. By this fresh affidavit, the second respondent confirms that she has already received Rs. 4,25,000/- from the first petitioner and that only Rs. 2,25,000/- remains outstanding. The first petitioner has handed over to the second respondent and she has received against acknowledgement demand draft no. 508765 dated 17.07.2019, issued by ICICI Bank, Connaught Place, New Delhi, in the sum of Rs. 2,25,000/- in favour of second respondent. The identity of the second respondent is confirmed by self-attested copy of aadhar card, which was filed with the affidavit.