Lalit Mohan Singh & Ors. v. State of NCT of Delhi & Anr.

1. Present petition has been filed seeking quashing of FIR bearing No.200/2016 dated 03.06.2016 registered under Section 498-A/406/34 IPC at Police Station Subzi Mandi and all the proceedings emanating therefrom.

2. Briefly stated facts of the case are that present FIR was lodged on the statement of complainant/respondent no.2. Petitioner No.1/Husband Signing and Respondent No.2/Wife got married on 20.06.2014 according to Hindu rites and ceremonies. Thereafter some temperamental differences and the parties started residing separately since 10.11.2014. These disputes led to the lodging of the present FIR. There is no child born out of this wedlock.

3. It is submitted that however during the pendency of proceedings the parties have entered into a settlement at Delhi Mediation Centre, tis Hazari Courts on 01.05.2018.

4. The Settlement Agreement dated 01.05.2018 contains the following terms and conditions:

1. It has been agreed between the parties that both the parties i.e., complainant and respondent no.1/ husband shall dissolve their marriage by mutual consent by way of filing a petition under Section 13 (B) (1) and 13 (B) (2) of HMA before the competent Court of law.

2. It has also been agreed between the parties that the joint petition for dissolution of marriage for the first motion shall be filed on or before 30 July, 2018 and the second motion under Section 13 (8)(2) of HMA shall be filed as per law.

3. It has been agreed between the parties that the respondent NO. 1/ husband shall make payment of €1,50,000/- (Rupees One Lakh Fifty Thousand only) to the complainant towards full and final settlement of permanent alimony, past, present and future maintenance and istridhan, dowry articles etc. articles have already been handed over to the complainant wife.

4. It has also been agreed between the parties that the above said amount of 1,50,000/- (Rupees One Lakh Fifty Thousand only) shall be paid in three installments. The first installment of 50,000 (Rupees Fifty Thousand only) shall be paid by the respondent no.1/ husband the complainant at the time of recording of their statements under Section 13 (8) (1) of HMA before the concerned Court

5. The second installment of 50,000/- (Rupees Fifty Thousand only) shall be paid by the respondent no.1/ husband to the complainant at the time of recording of their statement in the Signing proceedings under Section 13 (B) (2) of MA before the concerned Court.

6. It has also been agreed between petitioner and respondent in petition under Section 482 Cr.PC shall be filed by respondent no, 1/husband and other co-accused for quashing of FIR bearing No.200/2016 under Section 498-A/406/34 IPC registered at Police Station Subzi Mandi, Delhi. The respondent no.I/ husband shall pay third installment of 50,000/- (Rupees Fifty Thousand only) to the complainant before the Hon'ble High Court of Delhi at the time of quashing of the aforesaid FIR. The complainant shall cooperate with the respondent no. I/ husband and other co-accused for quashing of the aforesaid FIR before the Hon'ble High Court of Delhi and the complainant shall give her affidavit in support of the quashing petition of the aforesaid FIR. The complainant undertakes that she will also make a statement before the Hon'ble High Court in quashing of the FIR in terms of the compromise arrived between the parties

7. It has also been agreed between the parties that the petition for quashing of the FIR shall also be filed by both the parties within two months from the date of the passing of the decree of divorce by mutual consent under Section 13 (B)(2) of HMA by the competent Court of law.

8. It has been agreed between the parties that the complainant shall withdraw the case under Section 12 of DV Act from the Ld. Referral Court within one week after the recording of the statement of the parties in first motion.

9. The complainant shall also withdraw divorce petition titled as Sapna Prabha V s. Lalit Mohan, pending before the Court of Sh. Ravindar Judeja, Judge, Family Courts, Tis Hazari Courts. Delhi on the next date of hearing i.e. 22.05.2018,

10. That after receiving the aforesaid agreed amount of 1.50,000/from the respondent no.1 husband by the Complainant, the complainant and her family members shall have no claim of any nature whatsoever against the respondent no.1 and his family members.

11. It has also been agreed between the parties that after passing of the decree of divorce by mutual consent, withdrawal of the cases and quashing of the aforesaid FIR, the parties shall not interfere in Signing each other's life and their family members respectively. The parties shall not initiate any civil or criminal proceedings against each other and their family members with regard to their marriage in future.