Lovekesh Kumar Wadhwa & ORS v. The State (NCT Of Delhi) & ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1891/2016 & Crl. M.A. 21433/2017 LOVEKESH KUMAR WADHWA & ORS ..... Petitioner Through:

Mr. Lovekesh Kumar in person.

versus THE STATE (NCT OF DELHI) & ANR ..... Respondent Through:

Mr. Izhar Ahmad, APP for State with SI Avdesh, PS Vijay Vihar.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 24.01.2018 Crl. M.A. 21433/2017 The petitioner no.1 is non-applicant in Crl. M.A. 21433/2017 and the applicant of the application arrayed on record in CRL.M.C. 1891/2016 as respondent no.2.

The petition has already been disposed of vide the judgment dated 01.12.2017 whereby the FIR No. 176/11, under Section 498A/406/34 of Indian Penal Code, 1860 and all consequential proceedings emanating therefrom were quashed against the petitioners arrayed to the said petition as petitioner nos. 1 to 8 i.e. the non-applicant present today in Court Mr. Lovekesh Wadhwa as petitioner no.1 thereof. A settlement is indicated to have been arrived at between the petitioner no.1 of CRL.M.C. 1891/2016 and the respondent no.2 i.e. the applicant of the present application and the proceedings dated 01.12.2017 itself indicates that a sum of Rs. 2 lacs was to be released to the respondent no.2 in relation to which it has also been submitted to the effect that there was a revalidation of demand draft bearing

no. 682925 dated 11.09.2017 for a sum of Rs. 2 lac which DD was indicated to have been issued on 11.04.2016 and it was also submitted on behalf of the respondent no.2 to the said petition i.e. the present applicant that the revalidated DD was deposited before Court of Principal Judge, Family Court, North-West, Delhi.

Vide the present application, it has been submitted by the applicant i.e. the respondent no.2 to the said petition that the respondent no. 2 is in dire need of money and that the said DD has since lapsed and required revalidation and that the petitioner no.1 of the said petition i.e. the nonapplicant Mr. Lovekesh Wadhwa be directed to revalidate the demand draft bearing no. 682925 dated 11.09.2017 for a sum of Rs. 2 lac so that the same be released to the applicant i.e. the respondent no.2. The non-applicant to be the petitioner no.1, Mr. Lovekesh Wadhwa and the State do not oppose the prayer.

It has also been submitted through the application under consideration that there was no Presiding Officer presently posted in the Court of Princial Judge, Family Court, North-West, Delhi.

In the circumstances of the case, the said DD bearing no. 682925 dated 11.09.2017 for a sum of Rs. 2 lac deposited in HMA No. 1019/14 in the Court of Princial Judge, Family Court, North-West, Delhi is allowed to be released by the Principal Judge (Headquarters), Family Courts, Dwarka to Mr. Lovekesh Wadhwa, the petitioner no.1 of CRL.M.C. 1891/2016 for the revalidation thereof with directions to the non-applicant, Mr. Lovekesh Wadhwa to produce the revalidated DD for a sum of Rs. 2 lacs which is to be then released to the applicant Ms. Shilpi, the respondent no. 2 of CRL.M.C. 1891/2016 before the Principal Judge (Headquarters), Family

Courts, Dwarka on 26.02.2018. The application Crl. M.A. 21433/2017 is disposed off accordingly.

Copy of this order be sent to the Principal Judge (Headquarters), Family Courts, Dwarka and also to the Princial Judge, Family Court, NorthWest, Delhi. ANU MALHOTRA, J JANUARY 24, 2018 vm