Aneesh Gupta & Ors v. State of NCT of Delhi & Anr

TALWANT SINGH, J SEPTEMBER 06, 2022/nk

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 06.09.2022 + CRL.M.C. 1356/2022 ANEESH GUPTA & ORS. ..... Petitioners Through: Mr. Aaditya Vijay Kamal & Ms. Akshita Katoch, Advs. with petitioners in person. versus STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. N.S. Bajwa, APP for State with SI Vijay Pal Singh, PS CWC Nanak Pura. Mr. Dhruv Grover & Ms. Shreya Maggu, Advs. for complainant/R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. This petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.003/2016 for offences under Sections 406/498A/354/377/34 IPC, registered at Police Station Crime Women Cell, Nanak Pura and the proceedings emanating therefrom. 2. The principal ground on which the petition has been filed is that the respondent No.2/complainant has settled all her disputes amicably with the petitioners. The settlement was arrived at between the parties on 18.09.2021. Copy of the settlement dated 18.09.2021 is annexed with the petition (Annexure P-2, of the paperbook). 3. As per the settlement dated 18.09.2021, it is agreed between the parties that husband/petitioner no.1 shall pay lump sum amount of Rs.74,00,000/- to the wife/respondent no.2 as full and final settlement towards all claims, Stridhan, child maintenance, compensation, permanent alimony and child care maintenance towards past, present and future. The respondent no.2 shall invest out of the aforesaid sum, Rs. 10 lacs in the name of the minor for his benefit till he attains the age of majority. 3.1 It is agreed between the parties that out of the above settlement amount of Rs. 74,00,000/- the petitioner no.1 shall pay a sum of Rs.20,00,000/- at the time of signing of the Settlement Agreement. The DD No. 465231 dated 18.09.2021 drawn on Yes Bank has been given by the petitioner to respondent no.2. The petitioner no.1 shall pay Rs. 20,00,000/- to respondent no.2 at the time of recording of statements of the parties in the first motion petition under Section 13-B(1) of Hindu Marriage Act which shall be filed by the parties within ten days from the date of settlement. Payment of Rs. 20,00,000/- by way of DD/RTGS/NEFT shall be done by the petitioner no.1 before recording the statements in the second motion and acknowledgment shall be shared with the respondent no.2. It is agreed between the parties that petitioner no.1 shall pay Rs. 14,00,000/- to respondent no.2 by way of demand draft at the time of quashing of the aforesaid FIR. The petitioner no.1 undertakes to file the petition for quashing of FIR within 7 days of grant of decree of divorce. In case of failure of the petitioner no.1 to file quashing petition as aforesaid, he undertakes to pay the balance amount of Rs. 14,00,000/- within 15 days of grant of decree of divorce by demand draft. 3.2 It is agreed between the parties that after receipt of the afore-mentioned amount, respondent no.2 shall have no further claims whatsoever towards any amount/alimony towards past, present and future maintenance and accordingly her right towards any alimony past, present, future stands voluntarily waived. 3.3 The respondent no.2 further agrees to give no-objection for quashing of the FIR. 3.4 The parties shall jointly file an application seeking waiver of the statutory 6 months period within 10 days of recording of statement in the first motion. The parties shall duly cooperate and sign all necessary papers for the same. The second motion petition shall be filed within 10 days from the order of waiver of the said statutory period by the Court. 3.5 It has been agreed that all the documents and trophies of the petitioner no.1, if any, shall be returned by the respondent no.2 and the petitioner no.1 shall return all the documents/testimonials to the respondent no.2, if any, more particularly, the relieving letter/experience certificate of American Express and CTET-JULY 2013 marks statement before recording of the second motion at a mut