ASHISH PANDEY Vs. STATE

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 04.02.2015. 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.166/2017 having been registered by police station Kotwali, Chandni Chowk, Delhi on her complaint involving offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC). 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, the said matter now pending on the file of the Metropolitan Magistrate.

(2.) It appears that the parties entered into a settlement before the Counselling Cell of the Family Court upon reference in MC No.53/2017, the settlement having been formally executed on 06.03.2018 in terms of which they resolved to part ways peacefully by seeking a divorce by mutual consent and approaching this court for quashing of the proceedings in the aforementioned FIR. In terms of the said settlement, the first petitioner is to pay and the second respondent is to receive a total amount of Rs.2,00,000/- as full and final settlement in three instalments.

(3.) The second respondent on being served with the notice has appeared with counsel and pursuant to the directions has submitted an affidavit sworn on 17.07.2019 confirming that she has already received the amount of Rs.1,30,000/- in two equal instalments before the Family Court, the marriage of the parties having been dissolved by a petition submitted by mutual consent by decree dated 27.11.2018 in HMA No.1635/2018.