R.K.Gauba, J. - (1.)The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 09.03.2015. 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.42/2016 having been registered on 19.01.2016 by police station Mundka, on her complaint involving offences punishable under Sections 498-A/406/34 of Indian Penal Code, 1860 (IPC), the case being directed against her husband (first petitioner), his parents (second and third petitioners), and his sister (fourth petitioner). On conclusion of the investigation, police filed report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken, the said matter being pending on the file of the Metropolitan Magistrate.
(2.)It appears that the parties entered into an amicable resolution at the time of consideration of the application of the first petitioner for anticipatory bail (Bail no.1250) in the court of sessions on 13.02.2017. Pursuant to the said settlement, the parties had first approached the Family Court by petitions for divorce by mutual consent, the marriage having been dissolved accordingly in HMA No.195/2018 by judgment and decree dated 12.01.2018.
(3.)On the basis of the above mentioned settlement, present petition was filed. The second respondent, on being served, has entered appearance and filed an affidavit sworn on 03.05.2019, alongwith which copy of her aadhar card which was submitted as proof of her identity. By the said affidavit, as also orally at the hearing, the second respondent has confirmed that she has agreed to the marriage being dissolved and the criminal case to be brought to an end conditional upon she being paid Rs.5,50,000/- by the first petitioner satisfying all her claims on account of maintenance, stridhan, etc. She has also confirmed by the said affidavit that she has already received a sum of Rs.4,00,000/- in two instalments before the Family court, the amount remaining to be paid being Rs.1,50,000/- (Rupees One lakh and fifty thousand). The said balance amount has been paid to her at the hearing by the first petitioner in the form of a banker's cheque bearing no.686088, dated 26.07.2019, in her name for Rs.1,50,000/- (Rupees One lakh and fifty thousand) drawn on Andhra Bank, copy thereof has been kept on record.