The complainant/Respondent No. 2, who is present in Court and is identified by the Investigating Officer states that she had initially filed a complaint case No. 337/01/2012 under Section 12 Protection of Women from Domestic Violence Act, 2005 before the learned Metropolitan Magistrate, Dwarka Courts against the petitioner No.1 wherein before the Mediation Centre, Dwarka Courts a settlement was arrived at between the parties on 19th March, 2013. As per the settlement the respondent No.2 was to be paid a total sum of ₹3 lakhs and the parties were to seek divorce by mutual consent. It was also decided that the minor child Jai, born out of the wedlock would remain in the care and custody of respondent No.2 and the petitioner No.1 would neither claim the custody nor the visiting rights of the minor child. At the time of recording of the statement for first motion under Section 13B (I) of the Hindu Marriage Act, a sum of ₹1.25 lakhs was paid however, at the time of recording of the statement for second motion for divorce under Section 13B (II) of the Hindu Marriage Act, the balance amount of ₹1.75 lakhs was not paid and only ₹1.25 lakhs was paid. Thus though the divorce by mutual consent was granted however, the respondent No.2 got registered the above noted FIR. After the registration of the FIR parties again entered into a settlement and it was decided that besides the amount of ₹2.50 lakhs already paid to the respondent No.2, she would be paid a further sum of ₹1.15 lakhs in lieu of all her claims of maintenance, istreedhan, alimony etc. and the maintenance of the minor child Jai. The said settlement was arrived at before the Delhi Mediation Centre, Patiala CRL.M.C. 1547/2017 Page 2 of 3
