Poonam v. Kamaldeep Verma & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT APP. (F.C.) 32/2013 I POONAM Appellant I Through:

Ms.

Pratibha Sharma, Advocate alongwith Appellant in person I jVersus KAMALDEEP VERMA AND ANR Respondents p.

Through:

RespondentNo.1inperson

CORAM:

HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA

ORDER

% 19.02.2015 I Both the parties are present in person. Ms. Pratibha Sharma, the learned counsel is present on behalf of the appellant. The learned counsel for the appellant and the parties, present in person, submit that they have already settled all their disputes in terms of the Memorandum of Understanding (in short 'MOU) executed by them on 29.01.2015. The parties also submit that since the date of the said settlement, the parties have been staying together at the matrimonialhouse at VillageBharthal, Sector- 26, Dwarka, New Delhi- 110 077 as husband and wife very happily and without any complaint against each other. Respondent No.l, husband of the appellant has also admitted that the earlier marriage of the appellant with Mr. Yoginder S/o Sh. Cm Prakash was By:AMULYA

dissolved as per the customs and therefore, he recognizes the fact that at the time of marriage of the appellantshe was no more the wife of Mr. Yoginder. The parties further submit that they have agreed to withdraw respectivecases filed by them against each other and in fact pursuantto the said MOU, the respondents have already withdrawn C.C. No.60/2013 from the Court of Additional Chief Metropolitan Magistrate (South West), y District Courts, Dwarka, New Delhi.

The appellant also submits that she will render full assistance and cooperation in getting the FIR, registered under Section 482 Cr.P.C against the respondents and his family members, quashed fi-om the Court of Punjab & Haryana High Court, Chandigarh and if required she will ensure her presence before the Court.

The parties also submit that they have entered into the settlement with their free own will and without any pressure, inducement, force, compulsion or threat whatsoever in the presence of their respective family members, relative and friends.

The parties also submit that the said MOU was also witnessed by the family members of both the parties as witnesses. Let copy of the said MOU dated 29.01.2015 and copy of the order dated 18.02.2015 passed by the Court of Additional Chief Metropolitan

Magistrate (South West), District Courts, Dwarka, New Delhi be taken on record.

In the light of the above said settlement arrived at between the parties, the impugned order dated 09.07.2013 passed by the learned Judge, Family Courts, Dwarka, New Delhi is set aside.

The parties shall be bound by the terms of the said MOU entered into between them. We also direct the appellant to render full cooperation in getting the said FIR registered under Section 482 Cr.P.C quashed from the Court of Punjab & Haryana High Court at Chandigarh. With the above said directions, the present appeal preferred by the appellant is disposed of.

A copy of this order be given dasti under the signature of the Court Master to the learned counsel for the parties. KAILASH GAMBHIR, J.

FEBRUARY 19,2015