Hon'ble Rajes Kumar, J.
1. Sri Saurav Gupta (petitioner no.3) and Ms. Priyanka Gupta, daughter of respondent no. 3 were married on 18.11.2005. Their marriage was registered under the provisions of Special Marriage Act at Meerut on 18.11.2005 and thereafter they also performed marriage according to Hindu rites at Meerut.
2. After the marriage, both of them went to United States of America but unfortunately their relations became strained. They instituted cases against each other. Subsequently, respondent no. 3 (mother-in-law of petitioner-3) filed an FIR. It was registered as Case Crime No.561/2009 under Sections 498-A, 323, 504, 506, 406 and ¾ of the Dowry Prohibition Act, at Police Station Daurala, District Meerut. Hence the present writ petition by Sri Saurav Gupta and his parents (petitioner - 1 & 2).
3. We have heard Sri M D Singh Shekhar and Sri R D Tiwari, counsel for the petitioners, A.G.A. for respondent nos. 1 & 2 and Sri Amit Daga, counsel for respondent no.3.
4. Sri Arun Kumar Gupta (petitioner no.2) (father of Sri Saurav Gupta) Smt. Shashi Prabha (respondent -3) and Sri Rajendra Kumar (parents of Ms. Priyanka Gupta) are also present in Court.
5. This writ petition was entertained on 9.11.2009 and subsequently an interim order was granted on 16.11.2009 restraining the respondents from arresting the petitioners. The case was again listed on 27.7.2010. On that date, the parties entered into a compromise and filed a joint affidavit, sworn by Sri Saurav Gupta and Ms. Priyanka Gupta was filed in the Court along with joint application signed by counsel for the parties.
6. The paragraphs 3 to 10 of the joint affidavit are as follows:
"3.That in between the deponent no.1 and deponent no. 2 the following cases are pending in different courts:
(i)Crime No. 561 of 2009 under Sections 498-A, 323, 504, 506, 406 I.P.C. & under Section ¾ of the D.P. Act, P.S. Daurala District Meerut registered in pursuance of the application under Section 156 (3) Cr. P.C. through Case No. 722 of 2009 which is pending in the court of Chief Judicial Magistrate, Meerut through Criminal Case No. 7446/9 of 2010 (State Vs. Smt. Raj Gupta and others);
(ii)Divorce Petition No. 362 of 2009 under Section 27 of the Special Marriage Act, 1954 along with application for maintenance under Section 36 of the Special Marriage Act, 1954; &
(iii) Post Separation Support / Alimony / Property Division Case No. 09CVD 5443 in the Court of Mecklenburg, County, U.S.A.
4. That the deponents of the present affidavit and their parents now came in term of the compromise. All have decided not to proceed further in any litigation or any controversy and to resolve all disputes pending in different courts or otherwise. The deponent no. 1 has agreed to pay full, final and total permanent alimony of Rs.25,00,000/- including the payment made by the deponent no.1 during this litigation in the shape of maintenance or otherwise.
5. That on the direction of the court in U.S.A. and in India the following amounts have been paid/ deposited as under:-
(i)6000 Dollar (about Rs.2,75,000/-) for the period of four months under the order of court of U.S.A. in the case of maintenance filed by the deponent no.2;
(ii)Rs.1,00,000/- in pursuance of the order of this Hon'ble Court dated 09.04.2010 passed in Criminal Misc. Writ Petition No. 22970 of 2009; &
(iii) Deponent no. 1 deposited a Bank Draft to the Registrar of this Hon'ble Court in favour of the deponent no. 2 in pursuance of the order of this Hon'ble Court dated 09.11.2009 for the amount of Rs.10,00,000/-.
6. That in respect of the draft of Rs.10,00,000/- which was deposited before the Registrar of this Hon'ble Court in pursuance of the order of this Hon'ble Court dated 09.11.2009 the period of six months has already expired. The same would be required to be renewed for its encashment. As such, the parties/deponents have agreed that the deponent no. 1 would make further payment of Rs.11,25,000/- to the deponent no. 2 and further the deponent no. 1 would pay Rs.10,00,000/- through draft or by getting renewed the earlier draft lying before the Registrar of this Hon'ble Court within the period of six months.
7. That as the terms and conditions of preceding paragraphs of the present affidavit in support of the compromise application the deponent no. 1 would pay Rs.21,25,000/-to the deponent no. 2 including the renewal of the bank draft of Rs.10,00,000/- within the period of six weeks as full, final and permanent alimony without any claim in future. On the payment of the aforesaid amount the parties (the deponent no. 1 and deponent no. 2) have agreed to resolve their all disputes and pending litigation either in the Court of India or in the Court of U.S.A. and further they would not enter into any litigation in future and would get the mutual divorce in the pending divorce petition as soon as possible.
8. That the deponents and parents of the deponents have undertaken not to take any coercive measure/complaint or application to harass each other. They have agreed for cordial relation amongst them and to live peacefully without any harassing attitude to each other.
9. That the deponents and their parents have agreed that no one in future would create any problem to any one by filing a fresh application or complaint against any one."
10. That under the terms of the compromise the deponents make a humble request to this Hon'ble Court to pass suitable orders to end the pending litigation and further litigation and / or be pleased to pass such other order and further order as this Hon'ble Court may deem fit and proper in the circumstances of the present case."
7. Sri M.D. Singh Shekhar, counsel for the petitioners, has given two drafts to Sri Rajendra Kumar father of Ms. Priyanka Gupta in the Court that he has duly acknowledged by putting signature on the order sheet.
8. The drafts are in favour of Ms. Priyanka Gupta payable at Noida. Their details are draft no. '000210' dated 10.9.2010 drawn on H.D.F.C. bank for Rs.11,25,000/- and draft no. 492086 dated 13.11.2009 drawn on Union Bank of India for Rs.10,00,000/-.
9. The petitioners have complied with the terms of the compromise. The permanent alimony has been given to Ms. Priyanka Gupta. The petitioners may file certified copy of this order in the divorce proceeding that may be decided in terms of the compromise
10. In view of the above, the writ petition is also allowed. The FIR dated 04.09.2009 is quashed. Let the entire proceedings be dropped.
20.9.2010 OP