Mayank Garg & ORS v. State Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 930/2015 MAYANK GARG & ORS Petitioners Through Mr.Siddharth Khattar, Adv.
versus STATE OF NOT OF DELHI & ANR Respondents Through Mr.M.N.Dudeja, APP for the State along with SI Sumitra Sharma, PS Rajouri Garden, in person.
Mr.Anil Sharma, Adv. for R-2.
CORAM:
HON'BLE MR.
JUSTICE MANMOHAN SINGH
ORDER
% 10.03.2015 Crl. M.A. No.3487/2015 (exemption) Exemption allowed, subject to just exceptions. The application is disposed of.
Crl. M.C. No.930/2015 The present petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of FIR No.26/2014, registered on January, 2014, under Sections 498-A/406/34 IPG, at P.S. Rajouri Garden, Delhi on the complaint of respondent No.2.
Brief facts of the case are that respondent No.2 got married with petitioner No. 1 on 17^^ July, 2007 according to Hindu rites and ceremonies. th One female child, namely, Vanshika was bom out of this wedlock on 18 By:AMULYA
May, 2009. Due to temperamental differences, they are living separately from each other since August. 2012. In the meanwhile, on the basis of the complaint made by respondent No.2. the aforesaid FIR was registered against the petitioners on 8'' Januaiy. 2014. During the pendency of the proceedings, the petitioner No.l and respondent No.2 have settled their disputes amicably by virtue of Settlement Agreement dated 2"" February, 2015. The terms and conditions of the settlement are mentioned in the said agreement. Copy of the same is placed on the record which is duly signed by the parties. In view of the settlement, the First Motion Petition for divorce by mutual consent was filed by the parties, which was allowed by order th dated 11 February, 2015.
I have been informed that the Second Motion Petition for divorce would be filed as per the settlement. The relevant clauses of the settlement are Clauses 3 & 5 of the agreement. In terms of the settlement, petitioner No.l agreed to pay a total sum of Rs.21 lac to respondent No.2 towards full and final settlement amount including permanent alimony, maintenance (past, present or future) or any other amount claimed under any other head including jewellery, articles, stridhan, etc. The said amount includes the amount of Rs.8 lac lying in Fixed Deposit which was prepared in the name of Baby Vanshika and is presently lying in the custody of the 10 in the matter. The petitioners have no objection if the said FDR be now released to the respondent No.2 subject to the condition that respondent No.
2 would not use the said amount of the FDR till the Second Motion is passed. Respondent No.2 is agreeable for the same. Ordered accordingly. The 10 is directed to release the aforesaid FDR to respondent No.2.
Tie petitioner No.l had already paid R3.4 lac to respondent No 2 dunng First Motion Petition. He has paid another sum of Rs.^ lac by way of demand draft to respondent No,2 today in Court itself. The mmaining sum of Rs.5 lac would be paid by petitioner No.l to respondent No.2 at the time of recording of her statement during the Second Motion Petitijm. The parties shall be bound by terms and conditions of the settlement as recorded in the Settlement Agreement.
I All the petitioners as well as respondent No.2 are present in Court who are duly identified by their respective counsel. Identification proofs have been filed by the parties along with the petition. Respondent No.2/complainant has confirmed the settlement as well as reiceiving of the up-to-date amount from petitioner No.l in terms thereof. She has assured that she would be present before Court for the purposes of Second Motion. I She has no objection if the prayer made in the present petition is allowed. She has also filed her affidavit in this regard which is placed on the record. In view of the averments made in the petition as well as! the settlement arrived at between the parties, the FIR No.26/2014, registered on 8^^ January, 2014, under Sections 498-A/406/34 IPC, at P.S. Rajouri Garden, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners.
I I The petition is accordingly disposed of.
n rOHA MARCH 10, 2015/ka