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FIR REGISTERED AGAINST THE ORDER OF THE PRINCIPAL JUDGE FAMILY COURT
Question
Sir, In my of CRPC 125, the settlement has been done on 21-01-2023, Before the Principal Judge, Family Court, Distt Shahdara, Karkardooma Court, Delhi. In that settlement, my wife agreed that she will be living happily with me and she will withdraw all the cases and never file any fresh case or complaint against me. But, She breached the settlement on 27-01-2023, by filing a complaint in Ps Farsh Bazar Distt shahdara Delhi. After that she succeeded in FIR registration against me under sections 498A, 406 & 34 at PS Mansarovar Park Disttt Shahdara with FIR no. 47/2023/ dated 15-02-2023. And I have not received any copy of the petitions or any notice of cases under the 12 Dv Act, 498 A. The cases are running since October 2022. Jis dates pe use allegation lageye hai maar-peet krne ke, us time period me mai complete bed rest pe tha. Kuki meri ankle bone fracture and surgery ki wajh se. Jiske mere pass all medical documents hai.
Answer ( 1 )
The right to file a criminal complaint on subsequent events which were not part of the settlement cannot be curtailed by the settlement agreement. any such agreement is void as per contract act.
However if you have proofs that the complaints are false and have been filed for harassment, seek quashing of the FIR in the High Court of your State by showing that the allegations in the FIR are false due to the medical records falsifying her stand and relying on the settlement, the breach which may be moral has taken place at the end of the wife.