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High Court of DelhiMAT.APP.(F.C.)/77/2016

Aarti Gupta v. Anurag Gupta

2016-10-20Hon'Ble Mr. Justice Pradeep Nandrajog,Hon'Ble Ms. Justice Pratibha Rani2 pages

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 77/2016 AARTI GUPTA ..... Appellant Represented by:

Mr.Muhammad Arif, Advocate with appellant in person.

versus ANURAG GUPTA ..... Respondent Represented by:

Mr.Samama Suhail, Advocate with Mr.Osama Suhail, Advocate with respondent in person

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 20.10.2016 1.

Referred to mediation, On October 01, 2016 a settlement has been arrived at between the parties.

2.

Inter-se litigation detailed in the recital to the agreement has to be withdrawn. Instant appeal also has to be withdrawn. The couple had agreed to co-operate by filing a joint application for quashing such criminal proceedings which are non-compoundable. Such which are compoundable have been agreed to be withdrawn.

3.

In full and final settlement of appellant's claim towards alimony and maintenance of Baby Mysha, respondent has to pay to the appellant `32.5 lacs in two stages. `10 lacs has to be paid today. `22.5 lacs has to be paid at the time of FIR No.336/2012, P.S.Krishna Nagar for offences punishable under section 498A/34 IPC is quashed.

MAT.APP.(F.C.) 77/2016

4.

Today `10 lacs has been paid to the appellant by the respondent by means of Demand Draft No.028330 dated October 20, 2016 drawn on Axis Bank, Khan Market, New Delhi.

5.

Binding the parties to the settlement agreement dated October 01, 2016 and making it clear that if the appellant does not retrace her steps but the respondent does so, the appellant would be entitled to seek revival of the instant appeal; since a condition of the settlement agreement is that instant appeal shall be withdrawn, we dismiss the appeal as not pressed. A caveat. Right of the appellant to seek revival on condition aforesaid is kept intact. 6.

No costs CM No.19731/2016 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

OCTOBER 20, 2016 'skb'

MAT.APP.(F.C.) 77/2016