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High Court of DelhiMAT.APP.(F.C.)/43/2023

Nakul Rajesh Joshi v. Sanchi Joshi

2024-05-01Hon'Ble Mr. Justice Rajiv Shakdher,Hon'Ble Mr. Justice Amit Bansal2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 43/2023 NAKUL RAJESH JOSHI ..... Appellant Through:

Ms Somyashree, Advocate.

versus SANCHI JOSHI ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 01.05.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 25370/2024 1.

Allowed, subject to just exceptions.

CM APPL. 25369/2024 2.

This is an application seeking withdrawal of the accompanying appeal.

3.

The withdrawal is based on the Settlement Agreement dated 23.04.2024 arrived at between the parties [in short, "SA"]. 4.

For the reasons given in the SA, the parties have authorized their respective representatives to execute the same. 5.

We have gone through the terms contained in the SA. 6.

According to us, broadly the terms contained in the SA are in line with the law.

MAT.APP.(F.C.) 43/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 11:11:59

7.

The only caveat that we wish to enter is that the parties must utilize the video conferencing facilities and the rules framed in that behalf for the purpose of disposal of mutual consent motions. 8.

Furthermore, insofar as the criminal proceedings are concerned, the concerned Court would take into account the SA and then proceed in the matter, albeit in accordance with the law.

9.

Accordingly, the prayer made in the application is allowed. 10.

The appeal shall stand dismissed as withdrawn. MAT.APP.(F.C.) 43/2023 11.

In view of the order passed in CM APPL. 25369/2024, nothing further remains to be done in the appeal.

12.

The case paper shall stand consigned to the record. 13.

The date already fixed in the matter i.e., 09.08.2024, shall stand cancelled.

RAJIV SHAKDHER, J AMIT BANSAL, J MAY 1, 2024 rt Click here to check corrigendum, if any MAT.APP.(F.C.) 43/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 11:11:59