CRL.M.A. 20643/2022 (exemption)

1. Exemption is allowed subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 5170/2022

1. Present petition has been filed for quashing of FIR no.257/2019 under Section 66 (D) of Information Technology Act, 2000, PS Safdarjung Enclave, New Delhi.

2. Learned counsel for the petitioner submits that the present FIR was lodged by the opposite party predominantly on the ground that certain emails relied upon by the wife while filing the complaint against the husband was not genuine. The allegations were made regarding use of forged documents, producing false evidence and conspiracy besides the offence under I.T.Act. Learned counsel submits that basically present FIR had emanated out of the matrimonial dispute between Ms.Mansi Sharma and Mr.Dinesh Kumar Sharma. Learned counsel further submits that the matrimonial dispute has been settled at the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 24.02.2022. In the settlement agreement Mr.Abhishek Jain, Mr.Avinash Jain, Mrs.Seema Jain, Mr.Aman Jain, Mr.Amit Jain, Mr.Gaurav Rajender Jain, Mr.Naresh Chand Jain and Mrs.Chakreshwari Jain were also duly represented through themselves or through their attorney. It has been submitted that there were various litigation pending between the parties and in the mediation centre, the following settlement was arrived at:

"1. That both, Mansi Sharma and Abhishek Jain have agreed to seek divorce by mutual consent in terms of the present settlement/ Agreement by filing petitions under Section 13 B (1) and 13 B (2) of the Hindu Marriage Act, 1955 before the Learned Family Com1, Saket, New Delhi. It is agreed between the parties that the First Motion Petition shall be filed by Mansi Sharma and Abhishek Jain within 15 days from the date of signing of the present Settlement Agreement.

2. That it is further agreed between Mansi Sharma and Abhishek Jain that they both shall, within 15 days from the date of the First Motion Petition under Section 13 B (1) of Hindu Marriage Act, 1955 being allowed, file the Second Motion Petition under Section 13 B (2) of Hindu Marriage Act, 1955 in terms of the present Settlement Agreement, which Second Motion Petition shall be accompanied by an application under Section 151 CPC seeking waiver of the statutory period of six months between the First Motion and Second Motion Petition.

3. That it is further agreed between Mansi Sharma and Abhishek Jain that they shall appear through video conference or through their special power of attomey(s), or personally, if so directed by the Hon'ble Court, to record their statement(s) in the Petitions under Section 13 B (1) and 13 B (2) of Hindu Marriage Act, 1955.

4. That it is further agreed between the Parties that the Second Party shall file a petition under Section 482 Cr.P.C. before the Hon'ble High Court of Delhi seeking quashing of the FIR No.259/2018 dated 10.10.2018 titled "State V/s Abhishek Jain & Ors." under Section 406/498A/354/354A/34 IPC, P.S. Safdarjung Enclave, New Delhi forthwith and expeditiously but not exceeding 15 days from the date of signing of the present Settlement Agreement. In the said quashing petition, the Second Party shall seek stay of further proceedings/investigation in the said FIR bearing No.259/20 18 having amicably resolved all their disputes with the First Party.· Ms. Mansi Sharma and Shri D. K. Sharma agree and consent that' they shall provide an affidavit/No Objection, passport size photo and all other relevant documents in support of the said quashing petition to be filed by the Second Party, having amicably resolved all disputes with the Second Party in terms of the present Agreement and otherwise cooperate in seeking quashing of the said FIR. The Parties agree that the provisions under which the above said FIR has been registered are non- compoundable but since they are arising out of the marital discord, the First Party shall extend their full cooperation for getting the same quashed.

5. That it is also agreed by the Parties that the First Party shall also file a petition under Section 482 Cr.P.C. before the Hon'ble High Court of Delhi seeking quashing of the FIR No.257 /2019 titled, "State v. Dinesh Kumar Sharma & Anr." dated 17.09.2019, P.S. Safdarjung Enclave, New Delhi under Section 66(D), 66, 66(C), 66(E), 66(F) and 4.3 of the Information and Technology Act along with sections 192, 4 71, 120B and 34 of the Indian Penal Code forthwith and expeditiously but not exceeding beyond 15 days from the date of signing of the present Settlement Agreement. The First Party shall also seek stay of further proceedings/investigation in the said FIR bearing No.257/2019. The Second Party agrees that it shall provide an affidavit/No Objection, passport size photo and all other relevant documents in support of the said quashing petition to be filed by the First Party, having amicably resolved all their disputes with the Second Party. in. terms of the present Agreement and the Second Party shall extend its. full cooperation for getting the said FIR quashed.

6. That both Parties agree and undertake that the complainants (or their power of attorney holders) in the above mentioned two FIRs bearing No.257 12019 and FIR No.259/20 18 registered against each other, shall appear before the Hon'ble High Court of Delhi to give consent for quashing of the said two FIRs in terms of the present Settlement/Agreement.

7. That it is agreed between the Parties that immediately upon signing of the present Agreement, an application will be filed by the First Party before the Hon'ble High Court of Delhi in Writ Petition (Crl.) No.l948/2021 for early hearing and disposal of the said Writ Petition as the Parties have entered into the present Settlement Agreement and the Parties shall give an undertaking to the Hon 'ble High Court of Delhi in the said Writ Petition (Crl.) No.l948/2021 so as to abide by the terms of the present Settlement Agreement. Upon the Parties giving the said undertaking, the First Party shall withdraw the said Writ Petition (Crl.) No.1948/2021 and the Parties shall proceed further for giving effect to the present Agreement including the filing of the petitions in terms of the present Agreement.

8. That Mr. Dinesh Kumar Sharma, constituent of the First Party, regrets the fact that the Second Party had to spent time, money and energy in litigating in courts of law. Hence, Mr. Dinesh Kumar Sharma at the time of signing of the present Agreement has paid to. Mr. Avinash Jain, a constituent of the Second Party, a sum of Rs. 25,00,000/- (Rupees Twenty Five Lacs Only) towards litigation expenses. Mr. Dinesh Sharma, SPA of Mansi Sharma, has also handed over certain gold and diamond articles of jewelry to Mr. Avinash Jain, a constituent of the Second Party at the time of signing of the present Settlement Agreement. It is agreed between the Parties that on receipt of the above said jewelry articles and the amount, neither Parties shall raise claim for any amount or article from each other under any head including but not limited to alimony, maintenance etc. having amicably resolved all their disputes and claims that either of the parties or their relatives could have had against each other.

9. That the Parties agree that upon compliance of the terms of the present Settlement Agreement, they would be left with rio claims against each other and all the claims of the Parties arising out of the marital discord between Abhishek Jain and Mansi Sharma shall stand fully settled.

10. That since the parties have amicably settled all their disputes in terms of the present Settlement Agreement, the Parties agree to withdraw the respective cases as mentioned hereinabove in the present Settlement Agreement and not raise any claim of whatsoever nature against each other in future.

11. That the Parties assure and agree that pursuant to the signing of the present Settlement Agreement, in future, they shall not file any complaint/case/claim of any nature against each other, in any forum, whether in India or abroad. Further the Parties shall withdraw any and all complaint(s) or case(s) that they may have filed against each othe,r or their family members or friends. If any case or complaint is pending either in India or abroad, the same shall be deemed to have been. resolved in terms of the present Settlement Agreement.

12. That both the Parties agree and undertake to be bound by and to abide by the terms of this Settlement Agreement. The Parties further agree and undertake that they shall not resile from or dispute this· Settlement Agreement in future. Both the Parties undertake and agree t9 strictly and timely abide by the terms and conditions of this present Settlement Agreement and that they shall not commit any breach of any of the terms agreed herein. It is agreed that the Parties shall not cause any delay, breach, default of or violate or disobey the present Settlement Agreement.

13. That Parties shall give undertakings to the Hon'ble High Court of Delhi in Writ Petition (Crl.) No.1948/2021 that they shall abide by the terms of the present Settlement Agreement. In case either of the Party backs out from any term of the present Settlement Agreement, in that eventuality, the Party who backs out or does not comply with any term of the present Settlement Agreement, shall pay a sum of Rs.50,00,000/- (Rupees Fifty Lacs Only) as penalty to the other Party, who is willing to go ahead and still comply with all the terms of the present Settlement Agreement. It is clarified that the said penalty clause shall be over and above the rights of the Parties to seek such other legal remedy against the defaulting Party that might be available in Law including but not limited to filing the proceedings under Contempt of Courts Act as well as to seek restoration of the cases (as permissible under the prevalent Laws) filed by the party who is still willing to comply with the terms of the present Settlement Agreement.

14. By signing this Settlement Agreement the parties hereto state that they have no further claims or demands against each other or their relatives and have settled all their disputes and differences. fully ·and finally through the process of mediation.

15. That the parties state that they are entering into the present Agreement voluntarily, out of their own free will and without any pressure, force or coercion from any quarter, whatsoever.

16. That the parties undertake that they are bound by this Settlement Agreement and further undertake to. abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future."

3. Learned counsel for the petitioner submits that pursuant to the settlement, the parties have acted upon the same and mutual divorce has also been granted. Learned counsel has submitted that remaining legal proceedings have also been withdrawn or quashed. Mr.Ninad Dogra, counsel for respondents no.2 and 3 has also not disputed the same. Both the parties have stated they have settled the matter amicably without any fear, force or coercion.

4. It has repeatedly been held by Hon’ble the Supreme court and this court that the courts should encourage the settlement in matrimonial disputes. If the parties have reached on a mutual settlement, the same should accepted if it has been arrived voluntarily without any fear, force or coercion.

5. Hon’ble Supreme Court in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 [LQ/SC/2003/383] and this court in Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another; 2019 SCC OnLine Del 8179 have repeatedly held that the court should encourage the settlement of matrimonial dispute through amicable settlement.

6. I have gone through the mediation settlement. This court considers that the parties have entered into an amicable settlement at their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. There would be no purpose of continuing with the trial.

7. In view of the above, FIR no.257/2019 under Section 66 (D) of Information Technology Act, 2000, PS Safdarjung Enclave, New Delhi and all the other proceedings emanating therefrom are quashed.

8. The petition stands disposed of.