COMPROMISE-CUM-SETTLEMENT DEED

THIS COMPROMISE DEED IS MADE AND EXECUTED AT DELHI ON

THIS DAY OF APRIL, 2019.
B E T W E E N

ASHISH GUPTA, S/O SH. R. P. GUPTA, R/O H. NO. M-1/9, BUDH

VIHAR, PH-I, DELHI-86.
(HEREINAFTER CALLED THE FIRST PARTY/HUSBAND)
AND
REEMA GUPTA, W/O SH. ASHISH GUPTA, D/O SH. SANJAY GUPTA,
R/O. A-406, OXY HOMES, BHOPURA, GHAZIABAD, U.P..
(HEREINAFTER CALLED THE SECOND PARTY/WIFE)
 WHEREAS the first party/husband was married to the second
party/wife on 03.02.2012 at CBD Ground, Shahdra, Delhi, according to
Hindu custom, rites and ceremonies and the marriage was duly
consummated and one daughter namely “Arohi Gupta” child was born
on 25.03.2013 from the said wedlock.

AND WHEREAS due to temperamental differences and indifferent

attitudes arose between both the parties; both the parties are living
separately from the each other since 16/11/2015.

AND WHEREAS the second party has filed the petition U/s 12 of
PWDV Act against the first party and his family members before the
Hon’ble Court of Ms. Richa Manchanda, M.M., Mahila Court, Rohini,
Delhi, and the same is fixed for 30.05.2019.

AND WHEREAS the second party has filed the petition U/s 125
Cr.P.C against the first party and his family members before the
Hon’ble Court of Ms. R.S. Nag, Judge, Family Court, Karkardooma
Court, Delhi, and the same is fixed for 13.05.2019.

AND WHEREAS the First party has filed the Divorce petition U/s
13(1)(i-a) of HMA against the Second party and the same is pending
before the Hon’ble Court of Dr. S. K. Jain, Principal Judge, Family
Court, Rohini Court, Delhi for 01.06.2019.

AND WHEREAS the second Party has also lodged the Criminal
Complaint against the first party and on the basis of the said
complaint, an FIR bearing No. 749/16, u/s 323/341/506, P.S. Seema
Puri was registered against the First party and the same is pending
before the concerned M.M. Karkardooma Court, Delhi for 16.05.2019.

AND WHEREAS the Father of First party has filed the Civil Suit
for permanent injunction against the First Party and the Second Party
and the same is pending before the Hon’ble Court of Sh. ………., CJ,
Rohini Court, Delhi for 30.05.2019.

AND WHEREAS the second Party has also lodged the Criminal
Complaint before concerned CAW Cell against the first party and his
family members and on the basis of the said criminal complaint, an FIR
bearing No.778/16, U/s 498A/406/506/34 IPC at P.S. Seema Puri was
registered against the First party and his family members and the same
is still pending for investigation.

AND WHEREAS efforts of family members, relatives of both the

parties and with the best efforts of the respective counsels of the
parties, the matter has been finally amicably settled between the
parties on the following terms and conditions:-

1. That both the parties have decided to get their marriage dissolved
by way of decree of divorce by mutual consent and both the
parties have agreed that they shall not file any type of case/
complaint against each other and their family members before
the court of law and police authorities after execution of this
present compromise/settlement deed.
2. That as per the terms and condition of the compromise deed, the
First party has agreed to return admitted Jewellery as per
Annexure-A and personal belonging of the Second Party whatever
lying in the possession of the first party to the Second party and
the second party has also agreed to return the jewellery of the
First party to the First party.

3. That the second party/wife has settled all her remaining claims
i.e. Jewellery Istridhan, household articles and present, past and
future maintenance and permanent alimony on behalf of herself
and on behalf of minor daughter namely “Arohi Gupta” and any
other claims in respect of the marriage against total consolidated
amount of Rs.70,00,000/- (Rupees Seventy Lakhs Only).

4. That terms and conditions of compromise deed are as follows:

a. That both the parties shall file joint petition u/s 13 (B) (1) HMA
for taking Divorce by mutual consent within 15 days after
execution of the present compromise deed.

b. That as per the terms and condition of the compromise deed, The
first party/husband shall pay the first installment of a sum of
Rs.20,00,000/- (Rupees Twenty Lakhs Only) by way of Demand
Draft/Pay order in the name of Reema Gupta/Second Party to
the Second Party at the time of recording of the Joint statement
of the first motion of the divorce petition U/s 13(B)(1) HMA before
the concerned Family Court. It is further agreed that both the
parties shall also exchange their jewellery as per Annexure-A and
 B before the concerned Hon’ble Family Court in the presence of
their counsels and their parents.

5. That it is further agreed between the parties that within 7 days

after recording of statement in First Motion petition U/s 13(B)(1)
of HMA, the second party shall prepare an FDR of
Rs.20,00,000/- (Rupees Twenty Lakhs Only) in favour of minor
daughter namely “Arohi Gupta” under her guardianship and the
Second Party shall have the right to withdraw the interest from
the said FDR amount and the said FDR shall be
released/encashed only after attaining the age of 21 years of the
minor daughter. It is further agreed between the parties that only
in case of medical emergency or higher education for minor
daughter “Arohi Gupta”, the second party shall also have right to
encash the above said FDR only with permission of Hon’ble
Family Court by moving appropriate application.

6. That it is further agreed between the parties that both the parties
shall withdraw the cases/ complaint/ appeals and any other
litigations filed by them against each other after recording of the
statement of petition u/s. 13 (B) (1) of HMA in the view of the
terms and conditions of the settlement.

7. That it is further agreed that the First party and the second party
shall file the joint petition u/s. 13 (B) (2) of HMA alongwith the
application for Special leave for waiving of the stipulated period of
six months within 15 days before the concerned Hon’ble Family
Court, Rohini, Delhi. If in case, the Hon’ble Court does not allow
 the application for waiving of the stipulated period, then, both
parties shall file the joint petition u/s. 13 (B) (2) of HMA within a
week after expiry of the stipulated period of six months and the
First Party shall deposit a sum of Rs.50,00,000/- (Rupees Fifty
Lakh Only) by way of DD/ pay order in the name of the second
party at the time of recording of the Joint statement in Second
motion of the divorce petition U/s 13(B)(2) HMA in the safe
custody of judicial file of Hon’ble Family Court, Rohini, Delhi. The
first party shall revalidate the DD/Pay order of Rs.50,00,000/- if
required. That both the parties shall be bound with the terms
and conditions of the present compromise deed and shall
cooperate for obtaining the decree of divorce by mutual consent
before the concerned Family Court, Rohini Court, Delhi.

8. That within 15 days of granting of decree of divorce by Mutual

Consent from the concerned Hon’ble Family Court, the First
Party and his family members shall file Petition for quashing of
FIR bearing No.778/16, U/s 498A/406/506/34 IPC at P.S.
Seema Puri, Delhi and FIR Bearing no.749/16, u/s
323/341/506, P.S. Seema Puri before the Hon’ble High Court of
Delhi within in 15 days after granting of the divorce and the
second Party shall provide her no objection affidavit to the first
party. The Second Party shall appear alongwith her counsel and
cooperate in all manners and shall give her statement for
quashing of both the FIRs before the Hon’ble High Court of Delhi.

9. That as per the terms and condition of compromise deed, the

DD/pay order of Rs 50,00,000/-(Rupees Fifty Lakh Only) may be
 released to the Second party/ wife from the concerned family
Court only after the grant of Divorce by mutual consent and only
after quashing of both the F.I.Rs by the Hon’ble High Court of
Delhi. The first party shall not have objection for releasing the
DD/Pay orders of Rs 50,00,000/-(Rupees Fifty Lakh Only) to the
second party by the Concerned Family Court.

10. That as per the terms and condition of compromise deed that if
Second Party shall not cooperate at the time of quashing of the
above said FIR then the second party shall have no right to
receive/withdraw the deposited DD/pay order of sum of
Rs.50,00,000/-(Rupees Fifty Lakh Only) from the concerned
Hon’ble Family Court and as per the terms and conditions the
first party shall have right to withdraw the deposited pay order of
Rs.50,00,000/- from the concerned family Court.

11. That after receiving of Rs.70,00,000/- (Rupees Seventy Lakhs

Only) by way of pay order/DD and articles as per Annexure-A by
the second party/wife from the first party/husband and after
granting of divorce by mutual consent, the second party/wife
shall not file any type of case, either civil, criminal or matrimonial
or complaint for pendente-lite maintenance, permanent alimony
or for share in the movable/immovable properties (either self
acquired or ancestral or acquired in any other manner in present
or future), business or profession of the first party/husband and
his family members and relatives on her behalf or on behalf of
her minor child, in future in any manner, before any court of
law/authority in any circumstances, whatsoever and further the
 Second party shall not try to enter in any of the properties either
belonging to the parents/relatives of the First party or to the First
Party. Simultaneously, the first party/ husband undertakes not
to file any type of case against the second party/wife and her
parents either civil or criminal in any court of law in their
properties (either movable or immovable, inherited or self
acquired).

12. That it has also been agreed between the parties that their minor
daughter namely “Arohi Gupta” shall remain in care and custody
of Second Party and the First Party and his family members shall
never claim any visitation and custody of the child before any
court of law or authority. The Second Party shall take care and
custody of minor daughter ‘Arohi Gupta’ until she attains the age
of majority.

13. That it has been further agreed between the parties that after the
divorce, the Second Party shall act as sole/single
parent/guardian for the minor child “Arohi Gupta” and all the
rights and duties related to the child shall devolve in the Second
Party soon after the grant of divorce including the right of
education, right to apply for passport as a single
parent/guardian, right to obtain visa for any country and all
other rights and duties for the welfare of minor child. The Second
Party shall also have right to get admission of the minor daughter
being a single parents in school/college and all other authorities
and activities, etc. as per the requirement of the rules/law.
14. That if either of the party has filed any complaint which is not in
the knowledge of the either of the parties in any court of law,
police, or any other authority either in New Delhi or in Part of
India, then it shall deemed to be considered as compromised and
withdrawn and shall not have any legal effect.

15. That it is agreed between the parties that if either of the party
commit breach or default of the mutual agreed settlement after
recording of the first motion, or if second party backs out from
the terms of the settlement agreement dated ….04.2019, then the
amount taken at the time of first motion, second motion shall be
returned to the first party with 2% interest per month and if first
party backs out, the amount given at the time of first motion,
second motion shall stands forfeited by the second party. It is
further agreed between the parties that for breach of undertaking
given to the concerned court of willful/deliberate violation of a
consent order/decree, the defaulting party will be liable to be
punished/penal consequences for contempt of court.

16. That the parties shall remain bound with the terms and
conditions as mentioned in the above said settlement deed if in
case either party does not fulfill any term and condition of this
compromise deed at any stage then aggrieved party shall have
right to take appropriate legal action against the defaulter before
the court of law/authority according to law.

17. It is agreed between the parties that they have understood the
terms and conditions of the settlement in vernacular.
18. That the above said settlement is arrived at between the parties
out of their own free will and consent without any fraud,
pressure and coercion and the parties have signed it in my
presence.

AND WHEREAS both the parties are executing this

Compromise Deed after understanding the contents of the same
in vernacular and voluntarily without pressure, threat or
coercion both the parties executing original settlement deed in
four sets.

AND WHEREAS, both the parties shall be bound with the

terms and conditions of this Compromise Deed, they shall not
challenge the terms and conditions of the Compromise Deed
before any court of law and authority in any circumstances.

Accepted

FIRST PARTY/HUSBAND SECOND PARTY/WIFE

IN WITNESSES WHEREOF, this Compromise Deed is made and

executed at the dated and place mentioned above in the presence of the
following witnesses:-
W I T N E S S E S:-
1.

2.