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High Court of DelhiCRL.M.C./1307/2016

Vinod Kumar v. Smt Jyoti

2019-01-09Hon'Ble Mr. Justice R.K.Gauba2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1307/2016 & Crl.M.A. 5586/2016 VINOD KUMAR ..... Petitioner Through:

Mr. Tapas Tyagi, Adv.

versus SMT JYOTI ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 09.01.2019 The present petition under Section 482 Cr.P.C. was brought to bring a challenge to the order dated 21.01.2016 of the first appellate court whereby Criminal Appeal no. 35/2015 of the petitioner was dismissed, thereby affirming the order dated 01.07.2015 of the Metropolitan Magistrate in complaint case 62/03/2013 instituted by the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005 against the petitioner. During the pendency of these proceedings before this Court, the parties went to the process of mediation where they have resolved the dispute by entering into a settlement agreement dated 21.05.2018. In terms of the said settlement agreement, the respondent is to receive a total amount of Rs. 52 lakhs from the petitioner, this inclusive of all her claims towards stridhan, maintenance for self and for the child, the parties having also agreed to bring an end to all the litigation and also have their marriage dissolved by a decree of divorce by mutual consent. CRL.M.C. 1307/2016

The counsel for the petitioner informs the Court that the first motion petition has already been presented and appropriate order passed thereupon on 14.08.2018 by the Family Court, one of the instalments having been paid to the respondent. He submits that the petition under Domestic Violence Act has been suffered to be dismissed in default by the respondent and nothing is pending before the Metropolitan Magistrate. It is his submission that nothing further survives in this petition to seek further directions. The petition is accordingly disposed of.

R.K.GAUBA, J JANUARY 09, 2019 nk CRL.M.C. 1307/2016