Sanjay Kumar & Ors v. State & Anr

2003. Since October, 2008 they are living separately from each other due to temperamental differences. On the complaint of respondent No.2, the aforesaid FIR was registered against the petitioner on 11^*^ October, 2008. The charge-sheet was filed before the trial Court and petitioners are facing trail before Ms. Mona T. Karkartta Mahila Court, Metropolitan Magistrate, Tis Hazari, Delhi. During the course of the proceedings, the petitioner and respondent No.2 have settled 2015:DHC:10621 their disputes amicably and Memorandum of Understanding/Compromise Deedof April, 2014 has beenfiled by the parties on record which is duly signed by all the petitioners and respondent No.2. The terms and conditions of Memorandum of Understanding/ Compromise Deed is as follows:- "1. The first party has agreed to make three FDR in the name of three minor children namely, Piyush, Tina and Vaibhav within six months. The said FDR will be in the name of the minors for a sum of Rs.40,000/- each child, which will not be disbursed either to the first party or to the second party. The said FDRs will be disbursed to the respective childwhenhe or she attains majority.

2. The first party will pay a sum of Rs.2,000/- per month to the secondparty towards her pocket money.

3. The first party and the second party will jointly move an application before the Hon'ble Delhi High Court of Delhi, at New Delhi for quashing of the FIR No. 101/2008 under Section 498-A/406/34 of IPC registered against the first party.

4. The first party will start paying the said amount of Rs.2,000/- towards personal expenses of the Second party and the first party will bear all the hoiise hold expenses after regularization ofhis job. V That the second party will assist the first party in getting theFIRquashed from the Hon'bleDelhi High Court. The parties are already residing together and custody of the children is already with them. That the said compromise took place between the parties without any pressure, coercion, political, socially, religious and legally and the said compromise took place in the presence ofthe respectable persons ofthe society and both the parties shall be bound by the said compromise. At the time of execution of the memorandum of understanding/ compromise deed both f V the parties are fully fit both physically and mentally, and have put their signatures only after reading the said compromise deed/ memorandum of understanding." Petitioner No.l and 2 are present in Court, who have been identified by their counsel. Respondent No.2 is also present in Court. Petitioner No.3, Smt. Kamla, mother-in-law ofrespondent No.2 is not present. Respondent No.2 has no objection if the appearance of the petitioner No.3 be dispensed with, in viewof the factthat the disputes between the parties have already been resolved. She has confirmed that she does not want to proceed further against the petitioners as both ofthem i.e. petitionerNo.l and respondentNo.2 along with their children are residing together peacefully. She has no objection if the prayer made in the petition is allowed. Learned counsel for the petitioners states that in terms of the above mentioned clause (1) of the Memorandum of Understanding, the petitioner No.l shall get the three FDRs prepared for Rs.40,000/each in the name ofPiyush, Tina and Vaibhav within six months from today.Respondent No.2 has no objection to the same. However, she states that the FIR be quashed subject to the compliance of preparing the FDRs, as mentioned earlier. In view of the settlement, the FIR No.101/2008, under Section 498-A/406/34 IPC, registered at P.S. Bara Hindu Rao, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioner, subjectto preparing of the FDRs in the sum ofRs.40,000/- each in the name of three children, namely, Piyush, Tina arid Vaibhav within six r months from today. It is also clarified that in case the FDRs are not prepared within the stipulated time by the petitioner No.l then the respondent No.2 would be entitled to move a fresh application for compliance. The petition is accordingly disposed of.