Shri Jai Solanki And ORS v. The State NCT Of Delhi And ANR
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6786/2024 SHRI JAI SOLANKI AND ORS .....Petitioners Through:
None versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:
Ms. Kiran Bairwa, APP for State with W/SI Suman Lata DIU/SW Ms. Zeba Khair, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 06.03.2025 CRL.M.A. 3733/2025 (seeking clarification of the order dated 17.12.2024) 1.
The present petition was filed seeking quashing of FIR 136/2024 dated 17.03.2024 under Section 323/342/354/498A/406/34 IPC on the ground that parties have arrived at a settlement.
2.
The settlement had been arrived at between the parties before the Delhi Mediation Centre, Rohini District Court, Delhi whereunder the petitioner had agreed to pay an amount of Rs. 21 Lakhs to the respondent no.2 (former wife). 3.
Subsequently, during the pendency of the present proceedings it was agreed that the petitioner no. 1 shall pay a further amount of Rs.10 Lakhs over and above the agreed amount of Rs. 21 Lakhs as mentioned in the settlement. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The said 10 Lakhs were paid by the petitioner to the respondent no.2 during the pendency of the proceedings before this Court. However, the remaining settlement amount of Rs.21 Lakhs was deposited by the petitioner by way of three Fixed Deposit Receipts (FDRs) prepared in the name of 'Rita'. 4.
This Court vide order dated 17.12.2024 quashed the aforesaid FIR with the direction to the Registry to release to the respondent no.2 the sum of Rs.21 Lakhs deposited with the Registrar General of this Court alongwith up-to-date interest.
5.
However, the objection/affidavit filed by the respondent no.2 in the present petition mentions her name as 'Rita Dalal', due to which the Registry has made an endorsement to the following effect -"In compliance with order dated 17.12.2024 of the Hon'ble Court this FDR is hereby discharged in favour of 'Rita Dalal' R/o H.No. 54 Block O-1 Budh Vihar Phase - I, Sector 23, Rohini, New Delhi 110086."
6.
The learned Counsel for the applicant/respondent no.2 submits that on account of aforesaid endorsement made on the three Fixed Deposit Receipts (FDRs) totalling to Rs.21 Lakhs, the concerned Bank i.e. Punjab National Bank has refused to deposit the proceeds of the said Fixed Deposit Receipts (FDRs) into the account of respondent no.2 which is maintained in the name of 'Rita' and not 'Rita Dalal'.
7.
She submits that inadvertently in the affidavit name of respondent no.2 has been mentioned as 'Rita Dalal'.
8.
On the last date of hearing, a notice was issued in the application with direction to the IO to remain present in the Court on the next date to identify the respondent no.2.
9.
The IO is present in Court. She identifies that the respondent no.2 is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
'Rita', on whose complaint the aforesaid FIR was registered. 10.
In view of the above, it is directed that the Punjab National Bank may credit the maturity amount of three Fixed Deposit Receipts (FDRs) bearing Nos. 04610DP00025033, 046410DP00025051 and 046410DP00025042 into the savings account of the respondent no.2 i.e. account number 6582000100104964 maintained in the name of 'Rita' which has been mentioned on the reverse side of each FDR.
11.
With the aforesaid direction, the application stands disposed of. 12.
Order dasti under signatures of the Court Master. VIKAS MAHAJAN, J MARCH 6, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.