- (1.) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 327 dated 26.8.2011 registered under Sections 498- A,406,34 IPC at Police Station Sadar Gurgaon, on the basis of compromise arrived at between the parties.
(2.) The marriage between the petitioner and respondent No.2 was solemnized on 6.2.2003. Subsequently some differences arose between the parties and aforesaid FIR was registered by respondent No.2. During the pendency of the proceedings, the matter was compromised between the parties before the Mediation and Conciliation Centre, District Courts, Gurgaon and both of them decided to part with their ways. A divorce petition under Section 13-B of the Hindu Marriage Act was filed for dissolution of marriage with mutual consent before the Family Court at Gurgaon, which was allowed.
(3.) Certain terms and conditions were settled between the parties before the Mediation and Conciliation Centre, District Courts, Gurgaon, which are as under:- 1. "That both the parties agrees that they will file petition for divorce by way of mutual consent under Section 13 B of Hindu Marriage Act, on or before, 25.4.2014. 2. That respondent has agreed to bear all the educational expenses of minor son of the parties, namely, Shivam (9) provided he is admitted in a school within NCR, at Dehradu, Simla, Nainital or Mussorie having hostel facility as per the will and responsibility of the father, till the minor is able to earn his livelihood. The child shall be kept in the hostel. During summer and winter vacations, the child shall spend 1/2 of the vacations with the father and 1/2 with the mother as per the convenience of the child. The father shall pick up the child from the Hostel/residence of the petitioner and after enjoying the company of the child during vacations he shall be responsible to drop the child at the hostel/residence of the petitioner. Either the parents shall have a right to visit the child in the school or hostel or they both shall be entitled to attend the Parent's Teachers Meetings of the child. Both the parents shall be entitled to join the child on his birthday or on all major festivals as per the wish and convenience of the child. 3. It is also agreed between the parties that both the parties shall withdraw all the litigations/allegations filed by them against each other. 4. It is also agreed between the parties that wife will not be entitled for any maintenance from the husband and she will not file any execution for the maintenance allowance in any case civil/criminal. 5. That the petitioner will withdraw her case against her husband pending in the Court of Ms. Iram Hushan JMIC Gurgaon, FIR NO. 327/2011 u/s 498-A,406 IPC PS Sadar Gurgaon and she will also cooperate her husband in securing acquittal in the said case. In case the husband files a petition under section 482 Cr.P.C. for quashing the said dowry case, the wife will co-operate her husband. 6. That both the parties agreed to be bound by the terms and conditions of this settlement.";