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High Court of DelhiCRL.M.C./3932/2015

Manish Kumar Singh & ORS v. State (Govt Of NCT, Delhi) & ANR

2018-02-05Hon'Ble Ms. Justice Anu Malhotra2 pages

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3932/2015 & CRL.M.A. 13955/2015 MANISH KUMAR SINGH & ORS ..... Petitioner Through Mr. Pramod Kumar, Adv.

versus STATE (GOVT OF NCT, DELHI) & ANR ..... Respondent Through Mr. Raghuvinder Varma, APP for State Mr. M.K. Saroja, Adv. for R2

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 05.02.2018 On 31.01.2018, the matter has been taken up on a settlement agreement having been received from the Delhi High Court Mediation and Conciliation Centre.

Learned counsel for the petitioner on 31.01.2018 had sought to withdraw the present petition seeking liberty to file the petition afresh in terms of the said settlement in accordance with law, which prayer is not opposed by the State.

The respondent no. 2 however on 31.01.2018 sought time to peruse the said settlement. The respondent no. 2 is not present today. Learned counsel for the respondent Mr. M.K. Saroja, Advocate who is present on behalf of the respondent no. 2 and was present on 31.01.2018 submits that the authorization in his favour has not yet been handed over to him by the respondent no. 2.

CRL.M.C. 3932/2015

Nevertheless a perusal of the settlement agreement dated 18.01.2018 indicates that a settlement has been arrived at between the parties whereby the proceedings u/s 13B(1) & 13B(2) of the Hindu Marriage Act, 1955 were to be initiated and in terms of clause-m thereof, it has been agreed between the parties that the present petition would be disposed of by the Court in terms of the settlement agreement, which is reiterated on behalf of the petitioner Mr. Pramod Kumar, Advocate to the effect that the petitioner seeks to withdraw the present petition with liberty to file it afresh pursuant to the settlement in accordance with law. There is no impediment to the prayer made on behalf of the petitioner seeking liberty to withdraw the present petition as prayed.

In view thereof, the present petition is withdrawn with liberty granted as prayed to the petitioner.

Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J FEBRUARY 05, 2018/MK CRL.M.C. 3932/2015